Frequently Asked Questions About VA Disability Benefits

Our VA-accredited Claims Agents specialize in the appeals process, but we can help guide you and provide some resources for your initial application. Our website has valuable information on how to file your application. You'll find guidance on gathering the necessary evidence and documentation for your claim. If you're denied benefits or receive a lower rating than you deserve, our VA-accredited Claims Agents can help you file an appeal.

Our VA-accredited Claims Agents specialize in the appeals process, but we can help guide you and provide some resources for your initial application. Our website has valuable information on how to file your application. You'll find guidance on gathering the necessary evidence and documentation for your claim. If you're denied benefits or receive a lower rating than you deserve, our VA-accredited Claims Agents can help you file an appeal.

The VA's rating schedule determines which disabilities qualify for benefits and the extent to which they are disabling. Compensation ranges from 0% to 100%, with higher ratings resulting in larger monthly benefit amounts. If you need an appeal or a higher rating, reach out to our VA-accredited Claims Agents for help.

Yes, it is possible to receive both income sources. Veterans with disabilities who are unable to work due to permanent disability can get both Social Security Disability Insurance (SSDI) and VA benefits simultaneously. We can help you with both to be sure you receive all the benefits you've earned.

You are not charged unless AVA wins your appeal or secures a higher benefits rating for you. Our fee, overseen by the VA Office of General Counsel (OGC), is capped at 20% of the retroactive benefits awarded to you.

The VA withholds our fee from your retroactive benefit payment, which is the VA's standard procedure. After we win your case, you will receive 80% of the retroactive award amount. Your award letter will specify the 20% being withheld for our fee, and you and your VA-accredited Claims Agent have 60 days to contest this amount. After this period, the VA will release the fee amount to us. If applicable, we will bill you for any other costs and expenses at that time.

A non-service-connected pension, usually called a "pension," provides benefits for veterans who may not have a service-related disability. Service-connected benefits or veterans disability compensation are available to veterans for injuries or illnesses that happened during military service.

Yes, you can work while receiving VA benefits. However, veterans rated at 100% disability may face challenges because the VA views this rating to mean that you are unable to work. The VA could lower your benefit rating.

This is tough to answer. The VA is aiming for turnaround times of 4-12 months with their new appeals options, but their backlog can mean that review decisions take much longer.

This depends on the specifics of your initial decision and claim details. An Allsup VA-Accredited Claims Agent can guide you in determining whether a Higher-Level Review is the right option, especially if there might have been an oversight by the VA.

A Supplemental Claim requires new evidence for your case. An Allsup VA-Accredited Claims Agent can assist you in reviewing your evidence and deciding if a Supplemental Claim is right for your claim.

Filing a Notice of Disagreement with the BVA gives you three additional options: requesting a hearing, seeking expedited review, or requesting a review with the opportunity to submit new evidence. An Allsup VA-Accredited Claims Agent will help you review these options and choose the one that's best for your appeal.

According to the VA website, 75% of first-time applications for VA benefits are denied. This is because of incomplete information and lack of needed documentation. Our VA-Accredited Claims Agents can assist in developing your claim during the appeal process.

The U.S. Department of Veterans Affairs (VA) has two disability benefit plans that provide monthly income to qualified veterans:

• Non-service-connected pension ("pension")
• Service-connected disability compensation ("compensation")

Over 90% of all monthly VA disability payments are for compensation or service-connected disabilities.

A non-service-connected pension is typically called a "pension." It's an income-based disability benefit that supports veterans who were in service in wartime. The qualifications are:

• Service during a period of war, and
• Total disability or age 65 or older, and
• Low to zero monthly income and total assets.

Your disability does not have to be related to your military service to qualify for this benefit, which generally pays $1,000 a month.

A service-connected benefit or veterans disability compensation is a cash benefit for injuries or illness that happened during military service. To qualify you must:

• Have served in the active U.S. armed forces,
• Be discharged under conditions other than dishonorable,
• Have a service-connected injury or illness, or an existing condition made worse during your service.

Your condition must be:

• Supported by a physician's diagnosis or opinion, and
• Proven to be related to an event or incident during your service.

Example of a service-connected injury or illness:

During Chuck's time in the Army, he did combat training jumps for his airborne infantry unit. During a jump, wind caught his parachute and dragged him through rough terrain. Chuck hit his head and had whiplash and head trauma. Chuck completed his enlistment and received an honorable discharge. As a civilian, Chuck continued to have headaches, with memory loss and even more neck pain. His doctors diagnosed Chuck with traumatic brain injury and degenerative arthritis in his neck. His doctors concluded Chuck's symptoms began with his accident in service. Chuck's VA benefits claim is approved when he applies.

Example of a war-time service-connected disability:

In 1967, Matt was drafted by the Marine Corps. He went to Vietnam and served as a truck driver for a transportation unit. After his tour, he received an honorable discharge. Agent Orange herbicide was used in Vietnam from 1962 to 1975. The VA assumes all Vietnam veterans were exposed to this chemical. After discharge, Matt got type 2 diabetes, prostate cancer and ischemic heart disease. All these health issues stem from Agent Orange exposure. Matt's VA claim, which granted him benefits for these war-time service-related disabilities, was approved by the VA.

Example of substantially aggravating an existing issue during time in service:

While playing high school basketball, Darla broke her ankle. Later, she joined the Navy as an intelligence analyst. During her entrance examination, the Navy doctor cleared Darla's injury and said she was fit for duty. In Darla's six years of service, she sprained her ankle four times. She received an honorable discharge, but her ankle strength continued to weaken. Darla's doctor diagnosed her with a chronic sprain. He believed the sprains she got during her time in-service permanently aggravated her previously broken ankle. Darla applied to the VA for compensation and received benefits based on a permanent aggravated injury.

There are several key differences:

• SSDI, managed by the Social Security Administration (SSA), requires that you be permanently disabled, unable to work for 12 months or longer, or have an illness expected to result in death.
• The VA rates service-connected disabilities on a scale from 0% to 100%. Your benefits rating will determine how much your benefit is. For instance, you could be considered 20%, 30% or 100% disabled.

If you meet the requirements, you are entitled to the benefits you earned while serving your country. Your monthly payments are based on a percentage rating of your disability. The VA uses a rating schedule to determine which disabilities qualify and the percentage to which they are disabling, ranging from 0% to 100%.

Veterans with spouses or dependent children typically receive higher benefits. If you have multiple disabilities with varying ratings, these are combined into a single rating. The payment amounts for each rating are set by law.

Higher disability ratings receive a larger monthly benefit. Studies indicate that veterans who hire a paid disability representative often see their average annual benefits nearly double compared with those who apply on their own or through Veterans Service Organizations (VSOs).

Some veterans with lower disability ratings may continue serving, but they cannot receive both military pay and VA disability at the same time. The VA will temporarily suspend benefits during periods of active service.

Most initial VA disability claims have no time limit. However, we advise you to file as soon as possible since your filing date determines when benefits begin. Delaying your application can complicate the process, because you have to prove a link between your condition and your military service. Filing right away helps ensure you receive all eligible benefits.

VA disability benefits provide:

• Financial support and monthly income.
• Better access to VA healthcare and services between jobs and after retirement.
• Access to additional VA benefits, including:
• Vocational rehabilitation training.
• VA-guaranteed home loans.
• Long-term care options.
• Potential property tax exemption.
• Government hiring preference.
• Specialized programs supporting business development.
• Survivor benefits.

Benefit amounts vary based on your disability rating, marital status and number of dependents.

• We thoroughly review claim details and are skilled in preparing accurate appeals for VA review and satisfactory decisions.
• Our staff includes veterans who understand the complexities of the VA system and the appeals process.
• We can help you stress less and avoid mistakes that could delay or deny your claim, protecting your financial interests.

Knowledge and Experience

• We specialize in disability and have assisted individuals in navigating complex government programs for over 40 years, establishing ourselves as the nation's leading provider of SSDI representation and Medicare plan selection services.
• Our VA-Accredited Claims Agents are experienced in working with various service-connected disabilities and have expert knowledge about the VA process.
• We help ensure the timely and accurate preparations of your appeal. We'll help prevent unnecessary delays, lower ratings or benefit denials.

Guidance Throughout the Appeal Process

• With Allsup Veterans Appeals, you'll get caring service from a certified VA-Accredited Claims Agent who will be with you throughout the VA decision process.
• You'll receive regular updates on your claim status, and we'll handle communications with the VA on your behalf.
• We also assist in collecting your medical records, correcting errors, and preparing written briefs to help win your appeal.

High Satisfaction Rating

• People who choose AVA for help report significant satisfaction with our service. We have a 95% success rating with VA appeals.

The VA and SSDI disability programs are different and managed by two separate federal agencies. Another Allsup team member will manage your SSDI claim, but when you have dual claims, you'll have a team that works together to coordinate your claims.

VA benefits are managed locally by 58 regional offices (ROs). These offices process benefit applications and make initial award or denial decisions. They are often referred to as "the agency of original jurisdiction."

• Every state, as well as Puerto Rico, and Manila (Philippines) have at least one RO.
• Larger states, like California and Texas, have multiple ROs.

The Board, in Washington, D.C., makes the final decision in the appeal process. It is staffed by veteran law judges and staff attorneys. A judge will be assigned to your case to conduct hearings, evaluate your claims and issue decisions.

If the Board of Veterans' Appeals (BVA) cannot make a decision on your claim, it may remand the claim (send it back) to the local VA regional office for further review. A remand is not a final decision; it occurs when the Board doesn't have information to decide your case. The Board will either try to find additional information itself or send your claim back to the regional office to obtain the necessary details.