The Veteran’s Advocate primarily handles VA disability appeals, as opposed to original VA claims (i.e. newly claimed conditions or claims for increased evaluation of already granted conditions).
There are some very important reasons for this. First and foremost, there are abundant resources and services available at no charge to the Veteran for preparing and presenting original claims.
More information on pro-bono claims assistance
Second, federal law prevents charging Veterans a fee for preparing or presenting a claim to the VA! This prohibition is outlined in Title 38 of the Code of Federal Regulations (38 CFR), Section 14.636.
It's important for veterans to be cautious and seek assistance from reputable sources, such as accredited representatives or recognized VSOs, to ensure that they receive accurate and lawful support without any unauthorized fees.
The process of filing a VA disability claim involves several steps, from determining eligibility to receiving a decision on the claim. Here's an overview of the VA disability claims process:
1. Eligibility Determination:
- Veterans are eligible for VA disability benefits if they have a current medical condition or disability resulting from military service.
- The disability should be connected to military service, and the veteran should have been discharged under conditions other than dishonorable.
2. Types of Disability Claims:
- Service-Connected Disability Claims: The disability is directly related to military service.
- Non-Service-Connected Pension Claims: For veterans with wartime service who are permanently and totally disabled but not due to service.
3. Gathering Necessary Documentation:
- Veterans need to collect supporting documentation, including military service records, medical records, and any relevant evidence of the claimed disability.
- This step is crucial to substantiate the connection between the disability and military service.
4. Initiating the Claim:
- Veterans can initiate their claims through various methods, including:
- Online Application: Using the VA's eBenefits or VA.gov website.
- Paper Application: Submitting a paper form (VA Form 21-526EZ) by mail.
5. Claim Processing:
- After submission, the VA reviews the claim to determine eligibility and evaluates the claimed disability.
- The VA may request additional information or exams if necessary.
- The Disability Benefits Questionnaire (DBQ) may be used to gather medical evidence.
6. Compensation and Rating:
- The VA assigns a disability rating based on the severity of the disability, as outlined in the VA Schedule for Rating Disabilities (VASRD).
- Veterans receive compensation based on their disability rating, which reflects the impact on their ability to work and daily life.
7. Decision Notification:
- The VA sends a decision letter that outlines the result of the claim, including the assigned disability rating and effective date.
- If approved, the veteran starts receiving disability compensation.
8. Appeals Process:
- If the claim is denied or the veteran disagrees with the assigned rating, they can appeal the decision.
- The appeals process includes several stages, such as filing a Notice of Disagreement (NOD) and potentially attending a hearing.
9. Ongoing Communication:
- Veterans should maintain open communication with the VA and inform them of any changes in their medical condition or life circumstances that may affect their benefits.
10. Support Services:
- Veterans can seek assistance from Veteran Service Organizations (VSOs) or accredited representatives who can provide guidance throughout the claims process.
