About Us

VA Compensation

The Department of Veterans Affairs (VA) provides compensation for a vast range of conditions related to military service. The VA Schedule for Rating Disabilities (VASRD) is a complex document detailing all eligible conditions and the criteria for assigning a disability rating to each. The percentage rating given can range from 0% to 100%, increasing in 10% increments based on the severity of the condition.

The following are broad categories of qualifying conditions. However, note that the criteria for each rating varies significantly based on the specific symptoms and their severity:

Orthopedic Conditions: These include conditions like arthritis, fractures, soft tissue injuries, and spinal conditions. The rating depends on factors like the range of motion, frequency of painful motion, and impact on the veteran's daily life.
Respiratory Conditions: Asthma, chronic bronchitis, COPD, sleep apnea, lung cancer, and tuberculosis are among the conditions rated. Severity is based on factors such as breathing capacity, frequency of attacks, and the need for oxygen or medication.
Cardiovascular Conditions: Conditions such as hypertension, heart disease, and heart attacks are included. Severity is based on factors like blood pressure levels, the effects of medication, and the impact on daily life.
Gastrointestinal Conditions: Conditions such as liver disease, gallstones, ulcers, and various types of hernias are rated. The severity depends on factors such as body weight, frequency of symptoms, and the need for regular medication.
Neurological Conditions: Conditions such as epilepsy, Parkinson's disease, multiple sclerosis, and various forms of neuropathy are rated. The severity depends on factors like the frequency of seizures, the level of muscular control, and cognitive impairment.
Mental Health Conditions: PTSD, depression, anxiety, and schizophrenia are among the conditions rated. Severity is based on the impact on social and occupational functioning.
Hearing and Vision Impairment: The severity is determined by audiological and ophthalmological tests and the impact on daily life.
Dermatological Conditions: Conditions like dermatitis, scars, and burns are rated. The severity depends on the size and location of the condition, frequency of flare-ups, and whether it impacts daily activities.
Genitourinary Conditions: Conditions such as kidney disease, urinary tract infections, and erectile dysfunction are rated. Severity depends on factors like the frequency of symptoms, need for regular medication, and impact on daily life.
Hematologic and Lymphatic Conditions: Conditions such as anemia, clotting disorders, and lymphomas are rated. Severity is based on factors like the need for transfusions, the response to treatment, and the impact on daily life.
Endocrine Conditions: Conditions such as diabetes, thyroid disorders, and adrenal disorders are rated. Severity depends on the need for regular medication, the presence of complications, and the impact on daily life.Remember, the ratings are meant to reflect the overall level of disability and impairment to normal life caused by the condition.

For a complete listing of disabilities with their rating criteria, see https://www.benefits.va.gov/WARMS/bookc.asp

We understand that the VA claim process is more than just paperwork — it's about securing the rights and benefits that veterans rightfully deserve. While the initial claim can be navigated individually, the appeal process often demands specialized expertise. Here's how our law firm stands out in assisting with VA claim appeals:

1. Specialized Expertise in VA Appeals

Team of Experts: Our team is comprised of attorneys who specialize in VA appeals, ensuring you're backed by the best minds familiar with every nuance of VA appeals law.
Continuous Training: We ensure our attorneys remain updated with the latest VA appeals regulations and court decisions to provide you with the most current representation.

2. Comprehensive Review of Denial

Detailed Analysis: We thoroughly review the reasons for the initial claim denial, helping us pinpoint areas of contention.
Strategized Action: Based on our analysis, we craft a detailed and strategic action plan tailored to address the specific issues flagged in the denial.

3. Rigorous Appeals Preparation & Filing

Evidence Collection: Our firm works diligently to gather all essential evidence, medical records, and testimonies to bolster your appeal.
Timely Filing: Recognizing the importance of deadlines in VA appeals, we ensure all documents are filed punctually, keeping your appeal process on track.

4. Full Representation at Hearings

Personalized Prep: Each veteran's case is unique. We take the time to prepare you for what to expect and how to testify.
Strong Advocacy: At hearings, our attorneys will fiercely advocate for your rights, presenting strong arguments, and challenging any inconsistencies.

5. Expert Navigation Through the Appeals Process

Deep Understanding: Whether your appeal is at the regional office or heading to the Court of Appeals for Veterans Claims, our team is well-versed with every stage.
Constant Updates: We believe in keeping our clients informed. You'll be consistently updated on the progress and any developments in your appeal.

6. Protecting Your Rights

Zero Tolerance for Errors: Our meticulous approach ensures that errors, which can delay or jeopardize an appeal, are kept at bay.
Maximized Benefits: Successful appeals should result in due benefits. We work tirelessly to ensure you receive every benefit you're entitled to, including back pay.

Conclusion

We pride ourselves on being more than just legal representatives. We're advocates, advisors, and staunch supporters of veterans in their quest for justice. Entrusting us with your VA claim appeal ensures you're not just getting legal service; you're gaining a partner committed to fighting for your rights.

For VA Compensation cases, you only pay if we win!

Our firm charges a flat percentage fee in accordance with the VA attorney compensation of 20% of your backpay- no other hidden costs!

Payment Plans available for Military Discharge cases

Military Discharge cases are $3750 flat fee, and $5000 if an in-person board hearing is requested (Parties may appear over Zoom in lieu of an in-person appearance at no added cost). Payment plans available ($375 month for 10 months)

FAQs

Military Discharge Upgrades

Q1: What is a military discharge?

A military discharge is the release of a service member from their obligation to continue service in the armed forces. The conditions of the discharge can have significant effects on a veteran's benefits and opportunities.

Q2: What are the types of military discharges?

The most common types of military discharges are:

Honorable
General Under Honorable Conditions
Other Than Honorable (OTH)
Bad Conduct
Dishonorable
Entry-Level Separation

Each has different implications for post-service benefits and civilian life opportunities.

Q3: What is a military discharge upgrade?

A military discharge upgrade is a change to a more favorable discharge status. For example, an upgrade could be from an Other Than Honorable to a General or Honorable Discharge. Such an upgrade can significantly impact a veteran's access to benefits like the G.I. Bill and veterans' healthcare, as well as employment opportunities.

Q4: What is the Discharge Review Board (DRB)?

The Discharge Review Board is an entity within the Department of Defense that examines discharges to determine whether they were granted fairly and consistently. If a service member feels their discharge was unjust, improperly given, or that their discharge status is inappropriate considering their service record, they can submit a request for the DRB to review their case.

Q5: Who is eligible to apply for a discharge upgrade?

Former service members who received a discharge under conditions that were less than Honorable may apply for a discharge upgrade. However, the success of such applications depends on various factors, including the reasons for the original discharge status.

Q6: How can one apply for a discharge upgrade?

To apply for a discharge upgrade, a former service member should complete DD Form 293 - "Application for the Review of Discharge or Dismissal from the Armed Forces of the United States" and submit it to their service's DRB. The form allows the veteran to explain why they believe their discharge should be upgraded.

Q7: How does the DRB make their decision?

The DRB reviews all the evidence and arguments provided in the application, alongside the service member's military record. They will then decide whether the discharge was appropriate or should be upgraded. They may also hold a hearing where the veteran or their representative can present their case.

Q8: What if my request for an upgrade is denied by the DRB?

If the DRB denies your request, you can appeal to the Board for Correction of Military Records (BCMR) for your service branch. The BCMR can change any military record when necessary to correct an error or remove an injustice. However, it is typically harder to get an upgrade from the BCMR than from the DRB.

Q9: How long does this process take?

The timeline can vary significantly depending on the complexity of the case, the backlog of cases, and the specific DRB. It can take anywhere from several months to a few years.

Q10: Is it advisable to hire a lawyer for a discharge upgrade application?

While it's not required to hire a lawyer, legal advice can be helpful. Lawyers who specialize in military law or veterans' rights can provide valuable guidance, help craft a strong argument, and represent you before the board. However, this decision should be based on your individual circumstances and resources.

Veterans Affairs cases

Q1: What is VA compensation?

VA compensation is a monthly tax-free benefit paid to veterans who got sick or injured while serving in the military and to veterans whose service made an existing condition worse. The benefit amount varies depending on the severity of the disability.

Q2: Who is eligible for VA compensation?

Veterans are eligible for VA compensation if they have a current illness or injury (known as a disability) that affects their body or mind, and there's at least one illness, injury, or event during their service that caused or worsened their disability.

Q3: How do I apply for VA compensation?

You can apply for VA compensation online through the VA's eBenefits platform, by mail, or in person at a VA regional office. You'll need to fill out and submit VA Form 21-526EZ, "Application for Disability Compensation and Related Compensation Benefits."

Q4: What kind of documentation should I provide with my application?

You should provide all relevant medical records related to your disability, including records from private providers, and any relevant military records. Also, you should provide documentation that explains how your disability is linked to your service. This can include buddy statements, accident reports, or medical opinions.

Q5: What happens after I apply for VA compensation?

After you apply, you may be asked to attend a Compensation & Pension (C&P) exam to evaluate your disability. The VA will then review your application, and you will receive a decision letter in the mail.

Q6: How long does it take to get a decision on my application?

The time it takes to get a decision can vary widely, but it typically ranges from a few months to over a year, depending on the complexity of your case, the evidence provided, and the workload at the VA office handling your case.

Q7: What if I disagree with the VA's decision?

If you disagree with the VA's decision, you can file an appeal. The appeals process involves several potential steps, including a Supplemental Claim, a Higher-Level Review, or a hearing before a Veterans Law Judge at the Board of Veterans' Appeals.

Q8: What is a VA disability rating?

A VA disability rating is a percentage that the VA assigns to your disability based on how severe it is. This percentage determines the amount of compensation you receive each month.

Q9: Can I get VA compensation for conditions that weren't caused by my service but were made worse by it?

Yes, these are known as "aggravated service-connected" conditions. If your military service aggravated an existing condition, you may be eligible for compensation.

Q10: Should I hire a lawyer for my VA compensation case?

While it's not required, having a lawyer or accredited representative can be helpful, especially if your case is complex or if you're appealing a decision. These professionals can guide you through the process, help gather evidence, and represent you at hearings.