Please note that each VA claim is unique and that the information on this page is a general outline of the process for applying and securing VA benefits and is not intended to provide specific advice for a particular claim. One of the attorneys at the Causey Law Firm, Kim Krummeck, has over ten years experience in advocating for veteran claimants and is admitted to practice before the U.S. Court of Appeals for Veterans Claims, is accredited to practice before the Veterans Administration, and is a member of the National Organization of Veteran's Advocates. If you have any questions about veteran's benefits please feel free to contact The Causey Law Firm.

What VA benefits are available?
Available VA benefits include disability payments, medical treatment, pension payments, educational payments, burial payments, home loan guarantee benefits, and various family benefits. Most contested claims arise from denial of service-connected disability benefits.

Who is eligible for veteran's benefits?
Any person who is a veteran or is the survivor or dependent of a veteran is potentially eligible for VA benefits. A veteran is a person who served on active duty in the military and was discharged from service under conditions other than dishonorable.

What are the requirements for a grant of VA disability benefits?

Typically to receive VA disability benefits,

1. the veteran must be diagnosed with a current disability;
2. there must be evidence of an in-service occurrence or aggravation of an injury or disease;
3. there must be a link between the in-service injury or disease and the current disability.

How do I apply for veteran's benefits?
You may apply online at va.gov or by submitting the appropriate form to your regional office (VARO). The VA is then obligated to sympathetically develop your case and render a rating decision. If your application is for disability benefits, the decision will determine if your disability is service connected, the effective date of the disability, and the percentage rating of the disability.

What should I do if I have been denied disability or disagree with any aspect of the Rating Decision?
If you disagree with any aspect of the Rating Decision, you must file a Notice of Disagreement (NOD) with your regional office within one year of the receipt of the Rating Decision. The NOD must be in writing and indicate what aspects of the Rating Decision you disagree with and that you are seeking appellate review. The VARO will then issue a Statement of the Case (SOC) explaining the reasoning behind the decision. You must then file a VA Form 9 (Appeal to the Board of Veterans' Appeals (BVA)) within 60 days of the receipt of the SOC or within one year of the receipt of the original decision. You must file both a NOD and a VA Form 9 to perfect your appeal.

What should I do about representation if I have been denied veteran's disability benefits?
You may represent yourself relative to your claim, or you may be represented by a VA accredited attorney or veterans' service organization (VSO). The VSO may represent you at any time and will not charge a fee. The accredited attorney may represent you only after you have filed your NOD, if that NOD was filed after June 20, 2007. Only a VA accredited attorney may charge you a fee for representation before the VA. The VA will review any fee agreement you sign with an accredited attorney for reasonableness. A fee of twenty percent of any retroactive benefits awarded is presumed reasonable although a higher percentage fee may be negotiated and approved dependent on the nature of the case. Remember that a VA accredited attorney is required to attend VA approved advocacy training and must fulfill all other requirements of the legal profession, including zealous advocacy of the veteran's interest.

What happens next?
You may or may not request a BVA hearing, either at your VARO or in Washington, D.C., before the BVA issues a decision. The BVA may reverse the Rating Decision and grant you benefits, remand your appeal to the VARO for further development, refer your claim back to the VARO with instructions to render a decision on an issue or claim that had not been developed, or affirm the VARO decision denying your claim. If the BVA affirms the original decision denying you benefits, you may either request that the BVA reconsider its decision or appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). An appeal to the CAVC must be filed within 120 days of the final BVA decision. A Motion for Reconsideration by the BVA may be filed at any time, however to preserve your right to appeal your case to the CAVC you must file your motion with the BVA within 120 days. A Motion for Reconsideration filed within 120 days of the final decision tolls or stops the 120-day filing period at the CAVC and requires that the BVA make a decision on that motion. If the motion is denied, the 120-day filing period for appeal at the CAVC begins anew. If the Motion for Reconsideration is filed with the BVA after the initial 120-day period, the BVA will make a decision on the motion, but the right to appeal to the CAVC is almost always waived. The rules regarding deadlines for filing are complicated. You must not miss any of these deadlines or your rights to appeal will, in all likelihood, be lost.

What about representation at the CAVC?
You may represent yourself at the CAVC or you may engage an attorney or lay practitioner who is admitted to practice before that court. Appeals to this court involve legal briefing and possible oral argument and veterans are strongly advised to seek experienced counsel. Often times, such representation may be at no cost to you as the government may pay attorney's fees if you prevail.

Please feel free to contact our office for more information.