Frequently Asked Questions
How do I apply for service-connected disability benefits?
You can apply by filing VA Form 21-526, Veterans Application for Compensation and/or Pension, with your VA Regional Office, or file an application online at the VA Online Application website (VONAPP) at https://vabenefits.vba.va.gov/vonapp/main.asp. Veterans also can apply for other types of benefits on the VA website.
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What records will I need to provide when I file a claim?
Attach as many of the following documents as you have or can locate when you file your application:
- Discharge papers (DD 214)
- Dependency records (marriage and children’s birth certificates)
- Medical evidence (doctor and hospital reports)
Other records used to support claims include veterans’ military service records, VA treatment records. In some cases, the VA may arrange for a veteran to have a medical examination before the VA makes a decision.
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How long does it take for the VA to make a decision on my claim? There is no specific time frame for the VA to make a decision. It often takes many months to receive a decision. Because there are so many cases the VA is handling, some claims are stuck in the appeals process for several years.
Manring & Farrell will try to get your claim decided as quickly as possible by getting the evidence and documents the VA needs to favorably decide your claim early in the appeals process. __________________________________________________________________________
Am I allowed to work and still receive service-connected disability benefits? Yes, you can continue to work and receive your full service-connected disability benefits.
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If I am approved for Social Security benefits will I lose my VA service-connected disability benefits? No. You are allowed by law to collect all of your Social Security disability benefits and collect your full VA service-connected disability at the same time.
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I was injured in an automobile accident while I was on an authorized leave. Am I eligible for service-connected disability benefits for those injuries? Yes, you can file a claim for service connection if you were injured during an authorized leave. Injuries that occur off base, on leave time, or under other circumstances such as in an auto accident while on authorized leave may be covered as “service connected.”
It is not necessary that your medical condition be related to combat or military duties.
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My service-related disability has gotten worse. What can I do to get an increased award? If your disability has worsened, you should file a claim for an evaluation of your disability to see if you are entitled to an increased award. You should send the VA a letter telling them which medical condition has gotten worse or what new conditions you have developed. You should also send the VA any medical evidence you have from your doctors or VA doctors that supports your request for an increased disability evaluation. Send your letter to your VA regional office by certified mail, return receipt requested and keep a copy for your records.
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How do I know if the monthly benefits I am being paid are correct? Each medical condition that the VA finds is a service-related condition is evaluated to see what percentage of impairment you have. If you have more than one service-connected disability, the VA will rate each disability separately and combine them to give you an overall disability rating. Based on the medical evidence and the law, the VA assigns a total disability percentage. As of December 2009, the basic disability benefit ranges from $123 to $2,673 per month, depending on your disability rating. Additional benefits may be available if there is a spouse or children. The amount of compensation for each percentage rating is set by law.
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Do I have to pay taxes on veterans’ disability compensation? No. Service-related disability compensation awarded to a veteran is tax-free.
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What is "Total Disability based on Individual Unemployability"? Total Disability based on Individual Unemployability is a rating that finds you are totally disabled as a result of your service-connected disability. If you are found totally disabled based on individual unemployability you are awarded benefits at a 100 percent rate even though your combined rating may be less than 100 percent.
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Do I need an attorney to help me with my claim?
Many attorneys do not represent clients in the initial application stage because by law no attorneys’ fees may be charged for the initial application. You are not required to hire an attorney to apply for or to appeal decisions on veterans’ disability compensation. However, dealing with VA can often be a slow process, and veterans often feel confused or frustrated. Working with a veterans’ disability lawyer helps ensure that appeal is done in time and that all of your paperwork is in order. Manring & Farrell will be glad to talk to you before your claim is decided, and after you have received a rating decision or your claim has been denied, we would be glad to meet with you, review your VA records and represent you on your appeal.
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I was denied veterans disability compensation. What do I do now? When you are denied disability compensation, or if you disagree with your rating decision because you believe the award is too low, you have one (1) year to file an appeal. The appeal is called a Notice of Disagreement (NOD) and may be filed with your VA regional office. An attorney may mail a Notice of Disagreement to the VA by certified mail, return receipt requested so it can be proven that the VA received your appeal in time. If you wish to file an appeal, contact Manring & Farrell as soon as possible so we may give you appropriate legal advice and help you file the appeal.
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When can you represent me? Manring & Farrell can represent you as soon as you get your initial decision from the VA. If you already filed the initial appeal, called the Notice of Disagreement, we can represent you if the Notice of Disagreement was filed on or after June 20, 2007.
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What are normal attorney fees? Attorneys are paid on a contingent fee basis, which means they are paid only if there is a successful outcome. Fees can range from 20% to 33% of any past due benefits the VA owes you and your dependents depending on what the attorney or law firm agrees to with the client. There is never any fee charged from ongoing or future monthly disability checks.
