Veterans’ Frequently Asked Questions

We want you to understand your rights and your options. Below are answers to the questions we hear most often from veterans and their families. If your question is not answered here, call or text us at (352) 378-9859 for a free consultation.

What do I need to get service-connected disability benefits?

A veteran generally needs to show three things: (1) an injury or disease that occurred during service; (2) a current disability; and (3) a medical connection between the in-service event and the current condition. Service connection can also extend to secondary conditions. For example, a veteran with service-connected knee problems who later develops hip problems may be entitled to service-connected benefits for the hip condition as well.

Am I entitled to service-connected disability if my injury occurred while I was off duty?

Generally, yes. If you injured your lower back while playing sports while in service, you would be entitled to service-connected disability if your current disability is related to that in-service sports injury. The relevant question is whether the injury occurred during your period of service, not whether you were on duty at the moment it happened.

Can I do anything if I receive an unfavorable decision from the VA Regional Office?

Yes. A decision from the Regional Office is the first, not the last, decision within the VA system. You have one year from the date of the Regional Office decision to contest the decision. You can request a Higher-Level Review, file a Supplemental Claim with new evidence, or appeal to the Board of Veterans Appeals.

How much do I have to pay, and do I have to pay up front?

No one is allowed to charge a veteran for assisting with the initial claim. Attorneys, including our firm, generally charge a contingency fee of twenty percent of past-due benefits. Contingent means you only pay if you win. Win or lose, out-of-pocket costs (medical records, mailing, court filing fees) are your responsibility.

I already received an unfavorable decision from a BVA Judge – is there anything I can do?

Yes. You can appeal to the United States Court of Appeals for Veterans Claims. Representation before that court is also contingent, and if you win, your attorney may be entitled to fees paid by the VA under the Equal Access to Justice Act – from the VAs pocket, not yours.

Do I need a lawyer, or can I represent myself?

There is nothing that prevents you from representing yourself at any step. However, represented claimants win at materially higher rates, especially on appeal. Even if you do not retain our office, we strongly recommend you retain an experienced and aggressive veterans disability lawyer.

Your firm is in Florida – I live in another state. Do I need a local lawyer?

No. The Department of Veterans Affairs is a federal agency and has no interest in where your accredited lawyer is licensed. The vast majority of Board of Veterans Appeals hearings are now held by video, so location is not an obstacle. We represent veterans nationwide.

On average, how long does the entire process take?

There is no average – your case will take as long as it takes. We once represented a veteran who survived the Battle of the Bulge in World War II. He developed shell shock (now called PTSD), applied for VA disability in 1945 upon his discharge, and forty years later his case was still pending. He retained us for his BVA hearing and we won, securing a significant award of past-due benefits.

If I am awarded 100 percent service-connected disability, am I still allowed to work?

Yes. VA benefits and Social Security Disability benefits use entirely different structures. Excluding TDIU (Total Disability Individual Unemployability), which has its own rules, there is no rule that prevents a 100 percent schedular-rated disabled veteran from working part time or full time. This is unlike Social Security Disability, where earnings above substantial gainful activity can affect benefits.

How does the VA determine my monthly compensation amount?

The VA calculates your monthly payment based on the degree your disability would impair the average person trying to earn a living wage in the United States. Your individual earning ability is not taken into account. The VA uses the Schedule for Rating Disabilities, which uses multiples of ten (10 percent, 20 percent, 30 percent, and so on) to categorize your degree of disability resulting from service-connected injuries.

Still Have Questions?

Every case is different. If you did not find your question answered above, the fastest way to get a real answer is a free consultation. We will listen to your situation and give you an honest assessment.

Learn More

• VA Disability Benefits
• PACT Act Claims
• VA Medical Malpractice
• Social Security Disability
• Notable Cases
• Resources for Veterans