You must complete and submit a VA Form 21-526 Veterans Application for Compensation and/or Pension to your local VA Regional Office. The form is available either by calling 1-800-827-1000 or you may print a copy from the VA website, www.VA.com. You can also apply online at www.VA.gov.
The VA ROs, Board of Veterans Appeals and the Court of Appeals for Veterans Claims are overwhelmed with disability cases and have a considerable backlog of pending cases. It typically takes months simply to prepare the record for appeal. It is common for a decision on a claim to take a year or more. We strive to accelerate the process and maintain frequent contact with the VA to ensure the most expeditious resolution possible.
Each claim is different with veterans able to receive retroactive awards from thousands of dollars to hundreds of thousands of dollars. The amount to which you may be entitled is based on the specific facts of your claim. At this time, a service connected disability rating of one hundred percent would entitle a veteran to $34,956.00 a year in benefits without dependents or any other additional entitlements.
There are individuals and organizations that represent veterans in disability claims, however, Veterans Disability law is a very complex and constantly evolving area of law and you may jeopardize your claim by not being represented by an attorney.
No. Like most federal courts, the U.S. Court of Appeals for Veterans Claims permits all filings to be done electronically and hearings and other matters can be conducted telephonically.
To have one of our attorneys attorney represent you, you must execute a written agreement with the firm. The agreement sets forth all of the terms of representation and explains the basis for the payment of legal fees and costs.
We never charge our clients hourly fees for our services. If we successfully obtain a retroactive award of benefits, we are compensated based on a percentage of the benefits received as set forth in the written fee agreement. If we successfully pursue a claim with the Court of Appeals for Veterans Claims, then the Veterans Administration is required to pay our entire fee in addition to your back benefits. If we do not succeed in obtaining retroactive benefits for you, then we receive no compensation. In such a circumstance, the only cost you may incur will be the court filing fee. The court may waive this fee if you can demonstrate financial hardship.
It is a unique court that has exclusive jurisdiction over appeals of unfavorable decisions by the Board of Veterans’ Appeals. The Court determines if the VA followed the law during the adjudication of your claim. The review is limited to evidence that was present to the VA Board when the original decision was made. If the Court determines an error was made by the VA Board, the claim will be remanded or sent back to the VA Board for correction of the errors made.
Call us today for a FREE consultation and get the answers you need regarding your service connected disability claim.