Veterans Disability Denial Questions

Appealing a VA denial or rating decision raises many questions about rules, paperwork, and processes. Sokolove Law can help simplify this overwhelming process and help prepare you during each step of the appeals process.

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About Veterans Disability Compensation

Q: How do you qualify for veterans disability compensation?

A: To qualify for veterans disability compensation you must have a service-related disability and not have been discharged under dishonorable conditions. Service-related disabilities can range from conditions such as loss of limb(s) to Post Traumatic Stress Disorder (PTSD), among others.

Q: What branches of the military are eligible for veterans disability compensation?

A: Military veterans in the Army, Navy, Air Force, Marines, or Coast Guard with service-related injuries or disabilities may be eligible for veteran disability compensation.

Q: How do I apply for Veteran Disability Compensation?

A: To apply for disability compensation, file an application online at the VA web site, at your local VA office, or at a VA medical facility

Q: Is it difficult to obtain veterans’ disability compensation?

A: Yes, it can be. The application is a 23-page form that can be challenging to complete on your own. Along with burdensome forms, there is a current backlog in claims that has some veterans waiting more than four months for an initial decision. A veterans disability compensation attorney from Sokolove Law can assist with your appeal – making the process easier on you.

Q: What does veteran disability pay?

A: The amount of the basic benefit paid ranges from roughly $150 to over $3,000 per month, depending on your type of disability and number of dependents. Additional amounts may be available for severe disabilities, if you have a spouse, children, dependent parents or if your spouse is seriously disabled.

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

A: Current statistics indicate that there are approximately 500,000 outstanding veterans’ disability compensation requests for service-related disabilities. Nearly 40% of those have been waiting for more than four months to receive an initial decision.

Q: Will the Veterans Administration pay for my travel costs?

A: The VA may reimburse you for mileage or public transportation in the following scenarios:

  • Veterans with service-connected disabilities rated at 30% or more
  • Veterans traveling for treatment of a service-connected condition
  • Veterans receiving a VA pension
  • Veterans traveling for scheduled compensation or pension examinations
  • Veterans whose income does not exceed the maximum VA pension rate

Q: Do I have to pay taxes on veteran disability compensation?

A: No, veteran disability compensation is tax-free.

About Veterans Disability Appeals

Q: Why would I appeal?

A: You may want to appeal if you are unhappy with the decision made by your local Veterans Administration (VA) office. If you believe you have a disability as a result of your service and were denied veteran disability compensation or if your disability is more severe than the VA rated it, you should consider an appeal.

Q: What is a veterans disability compensation appeal?

A: An appeal asks the Board of Veterans Appeals to review a local VA office decision.

Q: What is the Board of Veterans Appeals?

A: The Board of Veterans Appeals is part of the Department of Veterans Affairs and is located in Washington, D.C. Members of the Board are responsible for reviewing appeals for VA benefits and making decisions on those appeals. Visit our webpage on the Appeals Process.

Q: Do I need a veterans disability attorney to help me with my appeal?

A: You are not required to hire an attorney to apply for or appeal decisions on veterans disability compensation. However, many veterans find the process confusing, overwhelming and frustrating. An estimated 100,000 claims await decisions by the Board of Veterans Appeals. Working with a veterans disability lawyer helps ensure that all of your paperwork is in order and that you meet important deadlines for appeals.

Q: What do I do if I am denied veterans disability compensation?

A: If you disagree with your rating decision or are denied, you can file a Notice of Disagreement (NOD) with your local VA office requesting an appeal of the decision. You must send your NOD within one year of the date your local VA mailed you the initial compensation denial. This may be an ideal time to seek legal advice. Sokolove Law can advise you and help you file appeal paperwork.

About Sokolove Law Veterans Disability Services

Q: Why should I choose Sokolove Law to help me with my veterans disability compensation appeal?

A: We can help you during every phase of the appeals process

  • We have spent more than 45 years helping people like you get compensation they may deserve
  • We prepare your applications, speak to the VA on your behalf, and prepare as well as attend appeals hearings with you
  •  We handle a complicated and confusing process for you - making it simpler so you can focus on improving your health vs. spending time on legal paperwork and navigating through government red tape

Q: How much does it cost for Sokolove Law to help?

A: Know that Sokolove Law does not charge you any legal fees unless we are successful with your appeal. Our fees are dependent on the reward you may receive.

Why Appeal?

  • You disagree with the VA’s rating decision.
  • You were denied compensation for an injury sustained during time served in the military.
  • You were injured while being treated by VA health care.
  • Your injury or disability has worsened.

Why Hire a Military Disability Insurance Lawyer?

If you have been denied by the Board of Veterans’ Appeals you may want the peace of mind that a veteran’s disability attorney is handling your case. Failure to meet deadlines or complete complicated paperwork correctly could result in another denial and a lawyer can help ensure your appeal is filed correctly, completing all of the paperwork on your behalf and within the appropriate timelines.

Why Sokolove Law?

We help simplify the confusing claims and appeals process for disabled veterans. For 30 years, Sokolove Law has helped people just like you get the legal support they need. Sokolove Law offers a FREE case evaluation and we are only paid if you are successful in your veteran’s disability appeal.


Sokolove Law Team

Contributing Authors

The Sokolove Law Content Team is made up of writers, editors, and journalists. We work with case managers and attorneys to keep site information up to date and accurate. Our site has a wealth of resources available for victims of wrongdoing and their families.

Last modified: May 10, 2024