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The VA disability lawyers at Bross & Frankel put their knowledge as disability benefits attorneys to work in securing the highest possible compensation ratings and best possible outcomes for our veteran clients in New Jersey, Pennsylvania, and Delaware. We help military veterans obtain the following benefits from the Department of Veterans Affairs (VA):
- Compensation for service-connected injuries
- Compensation for non-service-connected disabilities
- VA Pension
- Dependency and Indemnity Compensation (DIC) or Survivors’ Claims
At the initial stage of the VA disability claim process, a VA disability lawyer cannot represent a veteran. However, our law firm, and is happy to offer a free consultation to any veteran who would like to learn more about what benefits they may be entitled to under the law. While many of our competitors turn away veterans seeking to file new claims, we strongly believe that men and women who have served our country deserve better.
We know that filing for veterans’ disability benefits can be difficult, particularly if you are suffering from a disability. We are here to help. If you have an illness or injury as a result of your military service, you may be eligible for VA benefits and an experienced VA disability lawyer can help.
How to Make a Claim for Veterans Benefits?
While the VA claim process was designed to be user-friendly, it can often be complicated. Anything involving the government usually means lots of forms and acronyms. Having a veterans’ disability benefits lawyer to give you advice on the process can be useful, particularly as you start a new claim for VA benefits.
On average, it takes 91.7 days for the VA to make a decision on your disability claim. The amount of time that it will take to make a decision will depend on the type of claim filed, the regional office involved, how many injuries or disabilities you have claimed, how complex your injuries or disabilities are, and how long it takes the VA to collect the necessary evidence. The VA offers an online tool to track the status of your claim.
After you file your claim, the VA will notify you that it has been received. A representative will then review your claim and begin to gather evidence from you, your health care providers and government agencies. The evidence will then be reviewed, a decision will be made, and the notification will be mailed to you.
If you disagree with the decision, then you can file an appeal. An appeal must be filed within 1 year of the date of the decision (with some exceptions). There are three possible ways to appeal:
- File a supplemental claim, where you add new and relevant evidence;
- Request a Higher-Level Review from a senior reviewer; or
- Appeal to the Board of Veterans’ Appeals.
If you do decide to appeal, a VA disability benefits attorney can represent you at this stage of the process.
Types of VA Disability Benefits?
The VA offers two primary types of disability benefits: service-connected and non-service connected disability benefits. The type that you may be eligible for will depend on your disability, how you obtained it, and your income and asset level.
Service-connected disability benefits are available for veterans who have a medical or mental health condition that either was caused by military service or was made worse by service. Veterans and qualified defendants are eligible for this monthly compensation. The rate of compensation is based on a disability rating schedule, which expresses disability as a percentage from 0 to 100%.
Non-service connected pension benefits may be awarded to veterans who served during a period of war. To be eligible, a veteran must be aged 65 or older with limited or no income, or totally or permanently disabled, or a patient in a nursing facility, or receiving either Social Security Disability Insurance or Supplemental Security Income. There is no requirement that the disability is connected to service for this type of benefit.
What Is a Service-Connected Disability?
A service-connected disability is an illness or injury that was either incurred or aggravated during active military service. To be eligible for this type of veteran benefit, an individual must have been separated or discharged from service under conditions other than dishonorable.
The payment of veterans’ disability benefits is based on a Ratings Schedule. This schedule group conditions into broad categories, such as the respiratory system, mental disorders, and dental and oral conditions, with diagnoses listed under each category. A veteran is assigned a rating according to the schedule, based on the symptoms of their diagnosis.
Each year, the VA releases the Veterans Compensation Benefits Rate Tables. This allows veterans to determine the monthly payment they may receive based on their total combined disability rating and their dependents.
Our veterans’ disability attorneys have successfully helped clients obtain their highest possible ratings on a number of different claims, including:
- Agent Orange exposure
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injuries
- Anxiety disorders
- Depression Disability claims
- Musculoskeletal lower back, neck, and shoulder injuries
Typically, the injury does not have to have occurred during the line of duty. As long as the injury or health problem began or was aggravated during active duty service, service connection can be established with the help of an experienced veterans disability lawyer.
The VA considers some health conditions to be presumed disabilities for the purposes of veterans’ benefits. These include:
- Chronic illnesses that appear within a year of discharge;
- An illness caused by contact with toxic chemicals or other hazardous materials; or
- An illness caused by time spent as a prisoner of war (POW)
If you have suffered a service-connected disability, including (but not limited to) any of the conditions listed above, our team of veterans disability attorneys can help. As our clients can attest, we have substantial experience working with veterans to help them get the benefits that they deserve.
The Department of Veterans Affairs provides disability compensation for veterans who were discharged under conditions other than dishonorable, and have a current illness or injury that began during, or was made worse during their service.
The VA pays compensation based on a Rating Schedule with increasing benefits as the level of disability increases (from 0% to 100%). The VA may also pay benefits at 100% if, solely due to service-connected impairments, a veteran is “totally disabled.” Click this link for the current rates for VA compensation. A veteran may receive special additional compensation under certain circumstances for very serious injuries.
Additionally, disability pension benefits are available to wartime veterans who are unable to work (regardless of whether their impairments are service-connected), and have limited income.
If you have not applied for these benefits, but believe that you may be eligible, you can apply online by completing the “Veterans Online Application,” at the VA’s “eBenefits Portal”.
Veterans Disability Denials Attorney
Currently, the law only allows a veteran to hire a VA disability lawyer after it has issued an initial rating decision. This can be either a denial or a less than fully favorable Rating Decision. If you have been denied or received a Rating Decision that you are not totally satisfied with, please contact us today. Even if you have not yet applied, one of our experienced veteran’s disability attorneys would be more than happy to discuss your case.
Richard Frankel helped me with a VA Disability Claim. Not only was he excellent, but his supporting staff was top notch. The level of communication with his office was phenomenal. Whenever I had a question all emails and phone calls were returned quickly, and they were always on top of everything. His staff is very knowledgeable on VA forms as well as VA processes and procedures. The work was not just attention to detail, but attention to the client. I would definitely recommend Bross & Frankel.
Appealing Denied VA Benefits
The VA system was designed to be non-adversarial. However, any veteran who has received an inadequate rating decision or one that denied that their disability is connected to service can tell you that this isn’t necessarily true. If you receive a decision from the VA that is unfavorable in any way, the first appeal step is to file a “Notice of Disagreement” within the one-year appeal period.
The veterans’ benefits attorneys at Bross & Frankel have the experience to help you craft an appeal with the best chance of getting the compensation you’ve earned through your military experience. A VA disability benefits lawyer can work with you to help you determine the best method of appeal, then file the appropriate paperwork to fight for your right to compensation. We will also help you put together your medical records for your case.
About NJ VA benefits
The Department of Veterans Affairs provides disability compensation for veterans who were discharged under conditions other than dishonorable, and have a current illness or injury that began during, or was made worse during their service.
The VA pays compensation based on a Rating Schedule with increasing benefits as the level of disability increases (from 0% to 100%). The VA may also pay benefits at 100% if, solely due to service-connected impairments, a veteran is “totally disabled.” Click this link for the current rates for VA compensation. A veteran may receive special additional compensation under certain circumstances for very serious injuries.
Additionally, disability pension benefits are available to wartime veterans who are unable to work (regardless of whether their impairments are service-connected), and have limited income.
If you have not applied for these benefits, but believe that you may be eligible, you can apply online by completing the “Veterans Online Application,” at the VA’s “eBenefits Portal”.
Currently, the law only allows a veteran to hire a VA lawyer after it has issued an initial rating decision. This can be either a denial, or a less than fully favorable Rating Decision. If you have been denied or received a Rating Decision that you are not totally satisfied with, please contact us today. Even if you have not yet applied, one of our experienced would be more than happy to discuss your case.
Do You Need a Lawyer for a VA Disability Case?
One of the first questions I am often asked by veterans when they call me is whether or not they need an attorney at all.
It’s a very important question that is complicated by the fact that many veterans’ service organizations provide free representation to veterans seeking VA benefits. Some members of these organizations believe that no veteran should ever hire an attorney when their organization provides similar representation for free.
How Much Does a Veterans Disability Attorney Cost?
It is true that many service organizations assist veterans in filing claims for free, but the old saying “you get what you pay for” applies.
Prior to 2007, a veteran was not allowed to hire a veterans disability lawyer until the VA had denied the claim multiple times and the veteran had no recourse but to file a lawsuit against the VA.
In 2007, the law was amended to give veterans the option of hiring an attorney at any point after the VA had made an initial decision that the veteran isn’t satisfied with (either a denial or a less-than-fully favorable Rating Decision).
In fact, attorneys representing veterans tend to charge fairly modest fees. Most attorneys charge a “contingent fee,” a fee paid only if they obtain benefits. While some attorneys charge up to a third of retroactive benefits, our firm limits our fee to 20% of back benefits.
Nothing comes out of current monthly benefits. You will usually be expected to reimburse expenses for items such as medical reports and records, but these expenses tend to be very modest. In all cases, fees may only be charged to a client if and when the Department of Veterans Affairs approves the fee. Therefore, because attorney’s fees are strictly regulated, you can get an experienced veteran benefits attorney at a very affordable cost.
Why Hire an Attorney?
Choosing to hire a veterans benefits lawyer provides many benefits that working with a service organization may not. Attorneys are typically highly trained in the law and regulations utilized by the VA to decide claims and disability lawyers are particularly skilled in gathering and developing the medical and other evidence needed to present a claim in the best possible light.
An attorney can also help you prepare for, and attend the hearings before decision review officers and veterans law judges. Perhaps most importantly though, when you hire an attorney you gain another significant advantage: motivation.
This simply cannot be overstated. When you hire a lawyer, in addition to hiring someone with the expertise and training in VA laws and procedures, you’re hiring an ally who is directly impacted not only by winning your case but by securing the highest possible rating and earliest effective date to which you are entitled.
This is not to say that service organizations are not interested in helping veterans win their claims. Most service organizations are staffed by passionate employees (many of whom are also veterans) who want nothing more than to do exactly that. However, without the direct relationship, you have with an experienced attorney, you can’t be sure that your representative is going to fight for every last dollar you may be entitled to.
Having a veteran’s disability attorney is not an absolute necessity for obtaining VA benefits, but for cases where a veteran has been denied or received a rating well below what he or she deserves, having a highly motivated, highly experienced VA disability lawyer can make a world of difference.
Contact Us Today
To schedule a free claim review or to learn more about how we can help you, contact our office today at 856-795-8880.
Schedule A Free Claim Review
Why Choose Us
At Bross & Frankel, we are proud of our record and reputation. Most of our VA clients are referred by other veterans whom we have helped over the years.
Mr. Frankel has put his knowledge as a disability benefits advocate to work in representing veterans in the unique area of disability compensation benefits.
He has taught other lawyers the VA claims process, and contributed a chapter to a book dedicated to educating attorneys on the pitfalls of representing veterans in VA claims: “Navigating Legal Issues for Military Veterans: Leading Lawyers on Arguing Disability, Pension, and other Claims Before the VA.” We know veterans disability benefits law — and we are dedicated to helping disabled veterans like you. Speak with a VA benefits advocate today.
Call us at 856-795-8880 or contact us online for a no-obligation claim review.
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