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

Generally, a veteran needs to show that they sustained an injury or contracted a disease during their time in service; that they currently have a disability or disease; and that their current condition is related to their in-service injury or disease.

Am I entitled to service-connected disability even 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 injury.

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 with the VA.

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

No one is allowed to charge veterans for assisting with filing an initial claim with the VA. Attorneys charge a contingent fee of 20% of past-due benefits — you only pay if you win.

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

Yes. You can sue the VA in the United States Court of Appeals for Veterans Claims. If you win, your attorney may be entitled to fees paid by the VA under the Equal Access to Justice Act.

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

There is nothing that prevents you from representing yourself. However, we strongly recommend retaining an experienced lawyer to represent you at every stage.

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

No. The VA is a federal agency. The vast majority of BVA hearings are virtual Zoom hearings, allowing us to represent veterans nationwide.

If I am awarded 100% Service Connected Disability, am I still allowed to work?

Yes. Excluding TDIU, there are no rules that prevent a 100% schedular-rated disabled veteran from working part or full time.

How does the VA determine my monthly compensation amount?

The VA calculates your payment based on the degree your disability would impair the average person. The VA uses the Schedule for Rating Disabilities, using multiples of 10 (10%, 20%, 30%, etc.).

Uncategorized - N. Albert Bacharach, Jr. PA

Veterans’ Disability • VA & Other Medical Malpractice • Social Security & SSI Disability • State Disability Retirement • Florida Commission on Ethics

4128 NW 13th St., Gainesville, Florida • Phone or Text (352) 378-9859 • Email Prospects@nabjr.com

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How Much Does a VA Disability Lawyer Cost?