FAQ: VA Disability Benefits Basics
Q: What is veterans compensation?
A: Veterans compensation is money provided to veterans based on an injury or illness that either occurred during or was made worse by service in the military.
Q: Do I have to pay taxes on veterans disability benefits?
A: No, veteran disability compensation is tax-free.
Q: Can I receive veterans benefits while I am working?
A: Yes. Veterans can receive VA disability benefits while working.
Q: What branches of the military are eligible for VA benefits?
A: Military veterans in the Army, Navy, Air Force, Marines, or Coast Guard with service-related injuries or disabilities may be eligible for veteran disability compensation.
Q: Can I receive veterans benefits while I am receiving Social Security?
A: Yes. You can receive both Social Security and VA disability benefits.
Q: How do you qualify for veterans disability compensation?
A: To qualify for veterans disability compensation you must have a service-related disability and not have been discharged under dishonorable conditions. Service-related disabilities can range from conditions such as loss of limb(s) to Post Traumatic Stress Disorder (PTSD), among others.
FAQ: Applying for VA Disability Benefits
Q: How do I apply for veterans disability compensation?
A: To apply for disability compensation, file an application online at the VA web site, at your local VA office, or at a VA medical facility. The easiest way to apply for VA benefits is to contact Woods & Woods for free help with the application process.
Q: Is it difficult to obtain veterans disability compensation?
A: Yes, it can be. The application is a 23-page form that can be challenging to complete on your own. Along with burdensome forms, there is a current backlog in claims that has some veterans waiting more than 196 days for an initial decision- according to the Department of Veterans Affairs Performce and Accounting report. A veterans disability compensation attorney can assist with your appeal – making the process easier on you.
FAQ: Appeals and Denials
Q: What do I do if I am denied veterans disability compensation?
A: If you disagree with your rating decision or are denied, you can file a Notice of Disagreement (NOD) with the correct VA office requesting an appeal of the decision. You must send your NOD within one year of the date your local VA mailed you the initial compensation denial. This may be an ideal time to seek legal advice. We can advise you and help you file appeal paperwork.
Q: Why should I appeal?
A: You may want to appeal if you are unhappy with the decision made by your local Veterans Administration (VA) office. If you believe you have a disability as a result of your service and were denied veteran disability compensation or if your disability is more severe than the VA rated it, you should consider an appeal.
Q: What if I was denied VA disability benefits?
A: You can appeal! However, you only have a limited amount of time to appeal after a denial from the Veterans Administration. We highly suggest you contact our veterans benefits lawyers before your appeal period collapses.
Q: How long do I have to appeal?
A: Veterans have one year to file a VA disability appeal from from the date of their denial.
Q: What if my appeal period collapsed?
A: You can re-apply. Effectively you are opening a new claim. There is no limit to how many times you can apply for VA disability benefits.
Q: How long to VA disability appeals take?
A: That depends. Some veterans claims are approved or denied fairly quickly. On the other hand, some veterans have waited over a year.
Q: What is the Board of Veterans Appeals?
A: The Board of Veterans Appeals is part of the Department of Veterans Affairs and is located in Washington, D.C. Members of the Board are responsible for reviewing appeals for VA benefits and making decisions on those appeals. Visit our webpage on the Appeals Process.
FAQ: Individual Unemployability Benefits
Q: Are there VA benefits for veterans that can’t work?
A: Yes! Total Disability Individual Unemployability (TDIU) benefits are for veterans that can not work due to a service-connected mental or physical impairment. Our TDIU VA disability lawyers can help you obtain TDIU benefits from the Veterans Administration.
Q: How much do Individual Unemployability benefits pay?
A: Individual Unemployability benefits pay the same as an 100 percent VA disability rating. That means eligible veterans would receive over $2,900 a month.
Q: Can I be working and receive Individual Unemployability benefits?
A: Yes. But you are going to have to show the Veterans Administration that you have serious accommodations at work. You will also need to prove that your service-connected disabilities are the reason for these accommodations. That means you can’t sit long, you can’t stand long, you can’t deal with customers, etc. Many veterans with accommodations work for family members and have accommodations that are not available at most workplaces.
FAQ: VA Mistakes
Q: I filed years ago and never heard back from the VA; what now?
A: Your claim may still be considered an open claim at the Veterans Administration. Sometimes the VA just ‘forgets’ about a veterans claim. If this has happened to you, we can help.
Q: I think I have missing backpay, what can I do?
A: Many disabled veterans who receive VA disability benefits still have missing backpay. Many veterans don’t even know they have missing backpay. If you do have missing backpay, you can obtain it from the Veterans Administration.
FAQ: Veterans Disability Lawyers
Q: Can I afford a veterans benefits lawyer?
A: Yes! Woods & Woods veterans disability benefits lawyers only charge if you win. Our fee is a percentage of backpay and case expenses. We never ask for money upfront. If you do not obtain veterans disability benefits, you do not pay us a penny.
Q: Do I need a VA disability attorney to help me with my appeal?
A: We recommend you hire a VA Disability Attorney! The government will have a lawyer on their side, shouldn’t you?