VA Benefits Claims Lawyer
Veterans who served our country deserve every benefit they have earned. Unfortunately, the VA claims process can be complex, slow, and frustrating. Denied claims, low disability ratings, and confusing paperwork leave many veterans without the compensation they are entitled to receive.
Miles Franklin is a Virginia Army National Guard veteran who served as a military paralegal. That firsthand experience with the military system gives him a practical understanding of how VA benefits work and what it takes to build a strong claim. He represents veterans throughout Stafford, Fredericksburg, and Northern Virginia in disability compensation claims, appeals, and rating increases.
VA Disability Compensation
VA disability compensation is a monthly tax-free payment to veterans who have a disability connected to their military service. The amount of compensation depends on your disability rating, which the VA assigns based on the severity of your condition on a scale from 0% to 100%.
To qualify for disability compensation, you must generally show three things:
- A current medical diagnosis of the claimed condition
- An in-service event, injury, or illness that caused or contributed to the condition
- A medical connection (nexus) between the current condition and the in-service event
Compensation rates also change based on your number of dependents, so it is important to keep the VA informed of changes in your family situation. Learn about VA disability benefits requirements and who is eligible to apply.
Common Conditions for VA Disability Claims
Veterans file disability claims for a wide range of conditions, both physical and mental. Some of the most common conditions include:
- Musculoskeletal conditions such as back injuries, knee problems, and joint pain from the physical demands of military service
- Hearing loss and tinnitus, which are among the most frequently claimed conditions due to noise exposure
- PTSD and mental health conditions resulting from combat, military sexual trauma, or other traumatic experiences during service
- Traumatic brain injury (TBI) from blast exposure, falls, or vehicle accidents during service
- Respiratory conditions from exposure to burn pits, asbestos, or other environmental hazards
Certain conditions qualify as presumptive conditions, meaning the VA presumes they are connected to service if they appear within a certain time frame or under certain circumstances. This can significantly simplify the claims process.
How VA Disability Ratings Are Calculated
The VA rates each service-connected disability on a scale from 0% to 100% in increments of 10. If you have multiple disabilities, the VA uses a combined rating formula rather than simply adding the individual ratings together. This “VA math” approach means that a veteran with one 50% rating and one 30% rating does not receive an 80% combined rating. Understanding how this calculation works is important for managing expectations and planning your claims strategy.
A 100% rating qualifies you for the maximum monthly compensation. Learn about what conditions qualify for VA disability benefits and what qualifies for a 100% rating.
Increasing Your Disability Rating
If your service-connected condition has worsened since the VA assigned your current rating, you may be entitled to a higher rating and increased compensation. You can file a claim for increase by submitting current medical evidence showing that your condition has deteriorated. Read about how to increase a VA disability rating due to worsening conditions.
Veterans can also raise their disability rating after it has been approved by filing for additional conditions, secondary conditions (disabilities caused by an already service-connected condition), or by providing new evidence that the original rating was too low.
The VA Claims Timeline
One of the most common questions veterans ask is how long it takes to get a decision on a VA disability claim. Processing times vary depending on the complexity of the claim, the evidence submitted, and the VA’s current backlog. Having complete and well-organized evidence from the start can help avoid delays caused by requests for additional information.
The VA assigns an effective date for each disability rating, which determines when your compensation payments begin. In many cases, the effective date is the date you filed your claim, which is why filing promptly matters.
Common Reasons Claims Are Denied
Many VA disability claims are denied on the initial application. The most common reasons for denial include insufficient medical evidence, a missing nexus between the condition and military service, failure to attend a required VA examination, and pre-existing condition determinations.
A denied claim is not the end of the process. Understanding what evidence you need to strengthen your claim and choosing the right appeal path can make the difference between a denial and an approval.
Appealing a VA Decision
When you disagree with a VA decision regarding your benefits, you have three options under the Appeals Modernization Act:
- Supplemental Claim: Submit new and relevant evidence that was not considered in the original decision. This is often the best option when you have additional medical records, a new diagnosis, or a stronger nexus opinion.
- Higher-Level Review: A more senior claims adjudicator reviews the same evidence for errors in the original decision. No new evidence can be submitted, but this option can catch mistakes in how the law or facts were applied.
- Board of Veterans’ Appeals: A Veterans Law Judge reviews your case. You can choose a direct review, submit additional evidence, or request a hearing. If the Board denies your appeal, you may appeal further to the U.S. Court of Appeals for Veterans Claims.
In some cases, a veteran may also file a claim based on Clear and Unmistakable Error if a prior VA decision contained an obvious factual or legal error.
Concurrent Receipt: Retirement and Disability Pay
Many veterans wonder whether they can receive both military retirement pay and VA disability compensation at the same time. Under Concurrent Retirement and Disability Pay (CRDP), veterans with a 50% or higher disability rating who are also eligible for military retirement can receive both payments without a dollar-for-dollar offset. Veterans with ratings below 50% may qualify for Combat-Related Special Compensation (CRSC) if their disabilities are combat-related.
Estate Planning for Veterans
Veterans have unique estate planning needs, particularly when VA benefits are involved. Certain trusts and beneficiary arrangements can be structured to preserve VA benefit eligibility while protecting assets for your family. Read about estate planning considerations for veterans in Virginia.
Frequently Asked Questions
Do I need a lawyer to file a VA disability claim?
You are not required to have a lawyer, but having experienced representation can significantly improve your chances of a favorable outcome, especially for complex claims, appeals, or claims that have already been denied. An attorney can help gather the right medical evidence, craft persuasive arguments, and navigate the appeals process.
How much does it cost to hire a VA benefits attorney?
Most VA benefits attorneys work on a contingency basis, meaning you pay nothing upfront. Attorney fees are typically a percentage of the back pay awarded if your claim is successful. If you do not receive benefits, you do not owe attorney fees.
What are the disqualifiers for VA disability compensation?
Certain situations can disqualify a veteran from receiving disability compensation, including dishonorable discharge, disabilities caused by willful misconduct, and conditions that existed before service without being aggravated by service. Learn more about disqualifiers for VA disability compensation.
Can I reopen a previously denied VA claim?
Yes. If you have new and relevant evidence that was not available when the original decision was made, you can file a supplemental claim to have your case reconsidered. There is no time limit for filing a supplemental claim, though earlier filing can result in earlier effective dates for any benefits awarded.
Schedule a Free Consultation
If you or someone you know is filing a VA disability claim or appealing a denial, schedule a free consultation with Miles Franklin to discuss your case and learn about your options. You can also call (276) 773-6102 to speak with the office directly.