Frequently Asked
Questions
Here are the most common
questions about veterans' appeals. Click on a question, or scroll down the
screen.
1. What do I need to win my
claim?
Answer: Generally, you need to show that you sustained an injury or contracted a disease during service; that you currently have a disability or disease; and that your current condition is related to your injury or disease in service. You could also establish entitlement by showing that a service-connected condition caused another disability.
2. Am I entitled to
compensation even if my injury occurred while I was
off duty?
Answer: Yes. For example, if you broke your leg playing football with your buddies while you were in service, you may be entitled to compensation as long as your current disability is related to the injury you suffered while playing football in service.
3. I got a decision from a VA Regional Office that does not grant all the benefits I asked for. What can I do?
Answer: You have one year from the date the decision was mailed to you in which to file a notice of disagreement, the first step in appealing the decision to the Board of Veterans’ Appeals. It is advisable to contact an experienced veterans benefits law advocate to represent you in your appeal. Call us for a free consultation at 1-866-435-7838.
4. I got a decision from the Board of Veterans' Appeals that does not grant all the benefits I asked for. What can I do?
Answer: The Board rarely grants motions for reconsideration. If you feel that
the Board decision in your case is wrong, you may want to simply
appeal to the Court. It would be advisable to contact an experienced
veterans benefits law attorney to represent you in your appeal.
5. How much do you charge to represent me in an appeal?
Answer: When we represent you in an appeal from a rating decision, we charge 20% of any past-due benefits that are granted on the claim. When we represent you in an appeal from a Board decision, there is no charge to you. If we are successful with the appeal, we may apply to have our fees paid by the Government, under a law called the Equal Access to Justice Act.
6. Does it cost me anything to file an appeal to Court?
Answer: When we represent you in an appeal from a rating decision, we charge 20% of any past-due benefits that are granted on the claim. When we represent you in an appeal from a Board decision, there is no charge to you. If we are successful with the appeal, we may apply to have our fees paid by the Government, under a law called the Equal Access to Justice Act.
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7. Must I have a lawyer to appeal to the Court?
Answer: No, but having an experienced veterans law attorney to assist you in your appeal may increase your chance of success. The law and procedures of the appeals process can be confusing, and you may be disadvantaged if you do not know how to navigate through the maze. At Court, the VA will have its lawyers to represent its interest, and so should you.
8. How long does an
appeal take?
Answer: It varies from case to case, depending on many different factors. An appeal to the Board may take a few years. An appeal to the Court can range from 3 to 18 months, or even longer.
9. Can I present a new evidence to support my claim?
Answer: If you are appealing a rating decision to the Board, then yes, you may submit additional evidence. If you are appealing a Board decision to the Court, then no. The Court will only consider the evidence that was available to the Board when the Board made its decision.
10. Can I call you to
discuss my claims?
Answer: Yes. You may contact us toll-free at 1-866-435-7838 (1-866-HELPVET) for a free consultation.
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