VA Benefits Lawyer

The Department of Veterans Affairs (VA) faces a high volume of benefits applications, making the process lengthy and complex. Completing the application and appeals process often takes months, as each step requires detailed medical records and other documentation submitted precisely and within strict deadlines. Even small errors or inconsistencies in the application can result in a denial.

Understanding these challenges, Gordon & Partners veterans lawyers provide comprehensive legal help for help veterans across the U.S. as they navigate the VA’s system and maximize the benefits available to them. These benefits are intended to support veterans and their families after service and can make all the difference as you navigate civilian life.

Disability Benefits

If you were fully or partially disabled due to a service-related incident, you may be eligible to collect VA disability benefits. This includes support for medical expenses, disability accommodations, and daily living expenses, with additional VA disability compensation for dependents living in your household.
Please note, however, that you cannot receive disability benefits if you received a dishonorable discharge from the Armed Forces. This status should be on the DD214 papers you received when you were discharged.

The sooner you file your claim, the sooner you can start to receive the necessary benefits.

You can file online or submit a paper application by mail or fax. Filing a VA claim online is usually the easiest method and is recommended by the VA department.

TO FILE A VA CLAIM ONLINE:

• Visit VA.gov and create an account to begin the online claims process.
• Start a new claim and fill out the necessary paperwork. Submit along with the required documentation.

TO FILE A PAPER APPLICATION:

• Visit VA.gov to download and print all relevant claims forms, then fill out by hand.
• Mail completed forms and supporting documentation to the VA Claims Intake Center at PO Box 4444, Janesville, Wisconsin, 53547-4444 OR fax your paperwork to 1 (844) 531-7818.

If filing your VA claim by mail, make copies of all paperwork, including medical records and other supporting documents, prior to submitting your claim. In addition, make sure to send your forms via Certified Mail with the Return Receipt requested. 

Documents You Will Need

• DD214 discharge papers
• Statements from family members and friends and possibly statements from coworkers who can attest to your claim
• Statements from those you served with in support of your claim
• For a disability claim, you’ll need medical records from the VA, including any hospital records or those from private doctors relating to diagnoses, medical treatment, or progression of symptoms

All claim approvals are subject to eligibility requirements set by the VA. Filing your claim with a qualified VA benefits lawyer can help ensure your claim is filed on time and with the proper paperwork, increasing your chances of a successful outcome and appropriate benefits.

Deadlines vary by type of claim:

• Disability benefits: No time limit; however, back pay may only be offered for a set period of time, so it’s important to file as soon as possible.
• Pre-discharge claims: Active service members can begin the process of filing a VA claim if they have no more than 180 days left of active duty.
• Fully developed claims: You must provide the VA with all supporting claim documentation one year from the date you file your initial, fully developed claim.
• Claim appeals: If your claim is rejected, you have one year from the decision date to file an appeal.

Note that there are several reasons a VA benefits claim may be denied. This includes insufficient supporting evidence, inconsistent statements, and missed filing deadlines. You may also be denied certain VA benefits if you seek support for a pre-existing condition or were dishonorably discharged from the armed forces.

If your claim decision was issued after February 19, 2019, and you disagree with it, you have three options for requesting a review:

File a Supplemental Claim

You can file a supplemental claim if you have new evidence that was not available when your claim was first reviewed. Decisions on supplemental claims typically take about four to five months. In this process, you specify the issues you disagree with and want re-examined.

Ask for a Higher-Level Review

You can request a Higher-Level Review for your initial or supplemental claim if you believe there was an error or a difference of opinion in the decision. A senior reviewer will re-evaluate your claim, but no additional evidence can be submitted. You can discuss the errors or other concerns over the phone with the reviewer to explain why the decision should be revised.

Board Appeal

A Board Appeal involves presenting your case to a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C. You must request a board appeal within one year of receiving your claim decision, except in contested claims.

When filing a board appeal, you can choose from three options:

1. Direct Review – A judge reviews the evidence already on file. No new evidence can be submitted.
2. Submitting Additional Evidence – If you have new evidence, you can choose this option and submit it within 90 days of your board appeal request.
3. Requesting a Hearing – You may request a hearing with a Veterans Law Judge. Hearings can be conducted virtually from your home, via videoconference at a regional VA office, or in person in Washington, D.C.

If your board appeal is unsuccessful, you can file a supplemental claim or escalate your case to the U.S. Court of Appeals for Veterans Claims.