Frequently Asked Questions

This is where an attorney can help you by reviewing your service treatment records for any type of injury, which would entitle you to compensation. An attorney will also be able to give you advice on conditions which may be associated with different areas where you served.

You may be eligible for an increase on your condition(s).

Yes, you can. Unless you are pursuing Individual Unemployability. Then you would have to prove that your VA service-connected disabilities prevent you from working.

New claims are normally processed in 6-12 months. However, if you have to enter the appeals process that can take an additional 4-6 years, depending on many factors.

• Current Diagnosis of a Disability
• Nexus (Association)
• In service event, injury, or illness

You can apply by submitting a VA Form 21-526ez through the Veterans Affairs. Also, our office can assist you with this as well.

VA Disability is a tax-free monthly benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that were incurred in aggravated during their time in the military.

When the VA issues a Rating Decision, sometimes they will defer impairments. A deferred claim can typically mean that the veterans claim may lack sufficient evidence. Once the evidence is received and/or reviewed they will then implement another decision on that specific issue. They will either grant, deny, or continue the condition.

Currently the timeline can change at any given moment because we are under the VA discretion. However, currently it can take up to 4 years after an appeal is filed to get a hearing in front of a Veterans Law Judge.

We have a team who is trained to review every part of our client’s file. This is something that no other firm does. We go through their file like a fine tooth comb and lay out all the evidence of all of our clients impairments and make recommendations on what evidence we may need to be successful in winning each one of those claims. Our Case Managers will then go over that with our clients.

A C-File stands for Claims File. These are veterans records that include any and all VA Medical Records, Private Records that the veteran has sent to the VA, any past VA Decisions, Military Medical Records, Military Administration Records, and any evidence that was submitted to the VA starting when the veteran first filed their initial claim.

In short, yes. A rating that has been made static simply means the VA will not order any re-examinations. If you file for an increase and a new C&P exam is done, they can propose to reduce your rating if the examiner reports an improvement. If you have had your rating for 20 years, you are protected, and they cannot reduce. If the VA does attempt to reduce your rating, there is recourse and a hearing can be requested to prevent an immediate reduction.

No. The BVA can do all hearings virtually! As long as you have access to a camera on a phone, tablet, or computer, you can appear virtually for your hearing. If you do not have this capability, you can still opt to go to your Regional Office. You can also come to your nearest Jan Dils office, and we can facilitate the hearing.

Absolutely! When our office receives notice of a hearing date, our hearing clerks will contact you approximately 1 month before the hearing and schedule you an appointment with your attorney. You will have the opportunity to go over the details of your case and ask any questions you may have about what to expect.

The VA rates hearing loss based on objective testing. Once you are service connected, the VA will rate you based on your most recent hearing test. However, you are now eligible for free hearing aids at the VA.

When filing for a new claim, you can expect a decision in 6-12 months. Once you have had a BVA hearing, you can expect to see a decision in 8-12 months. However, it’s important to remember that decisions are made in order by your appeal date, not hearing dates.

The VA calculates math differently than 1+1=2. When you receive a new grant or increase, the number is calculated using your current overall rating. Think of it as a sale. You start at 100%, and if the sale is 30%, you will pay 70%. If you have a 20% off coupon, they will take 20% off of the 70% instead of adding it to the 30%. Check out our ratings calculator.

The federal government provides a wide range of benefits to Veterans and their families. These benefits include disability benefits, pensions, education benefits, home loan guaranties, mental health and substance abuse treatment, vocational and small business services, medical and dental care, nursing home services and burial and cemetery services. The U.S. Department of Veterans Affairs (VA) administers the services and benefits. Disability compensation is a tax-free benefit paid to a Veteran for disabilities related to injuries or diseases that developed or were aggravated by military service.

A Veteran can use military service records, medical examinations and treatment records from VA medical facilities and private health care providers to support a benefits claim. If it’s needed to make a decision, a service representative will arrange for a Veteran to receive a medical examination.

The time it takes partially depends on the complexity of the claim. Generally, it takes an average of 12 months or more for a Veteran filing for disability benefits to receive an initial decision on his or her claim from the VA. Because of the Gulf War and military operations in Iraq and Afghanistan, the number of applications for benefits has surged in recent years. Read about the VA Backlog.

Medical advances have saved the lives of countless Veterans who may have died in the past. However, those Veterans now face a lifetime with chronic disabilities. About 35 percent of Iraq and Afghanistan Veterans file claims for disabilities, according to the VA. The claims filed are more complex, and they often cite multiple disabilities. In addition, an increasing number of Veterans who are receiving disability benefits reopen their claims because of chronic progress disabilities such as diabetes.

The VA evaluates each service-related condition by percentages. The VA must have evidence that your disability resulted from your military service. Based on the evidence, the VA assigns a disability percentage. Benefits vary based on the disability percentage, plus marital status and whether the Veteran has children or living parents. Here are examples of the VA’s disability benefits rates for 2017:

Veterans Compensation Benefits Rate Tables – Effective 12/1/18

FOOTNOTES:

1. Rates for each school child are shown separately. They are not included with any other compensation rates. All other entries on this chart reflecting a rate for children show the rate payable for children under 18 or helpless. To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse and 3 children, $ 1680.48, and add the rate for one school child, $186.00. The total amount payable is $1866.48.
2. Where the veteran has a spouse who is determined to require A/A, add the figure shown as “additional for A/A spouse” to the amount shown for the proper dependency code. For example, veteran has A/A spouse and 2 minor children and is 70% disabled. Add $106.00, additional for A/A spouse, to the rate for a 70% veteran with dependency code 12, $1,623.48. The total amount payable is $1,729.48.

If you are not satisfied with your service-connected percentage, our Veterans’ benefits lawyers can file a claim for an increased evaluation of a current disability that has worsened.

Surviving spouses may be entitled to Dependency and Indemnity Compensation if the Veteran died on active duty or from a disability related to military service. To be eligible for the benefits, the surviving spouse had to have been married to the deceased Veteran for at least one year before the death. Surviving spouses may be eligible to receive Death Pension benefits if the Veteran served during wartime. These benefits are based on financial need.

Yes, at Jan Dils, Attorneys at Law, we help eligible Veterans from start to finish. If you haven’t applied for benefits before, we may be able to assist you with the initial application.

Yes, a lot of Veterans who haven’t served in combat can qualify for PTSD. Non-Combat Veterans have to have a verifiable stressor that caused their PTSD, and it must be related to your time in service.

Absolutely. If you’re unable to work because of your service-connected disability, it may be possible to receive Individual Unemployability. Our team is well versed with IU claims and we’re happy to help.

Sadly, no we can’t. Actually, no one can really speed up your VA disability claim. However, our firm strives to be efficient and we have many safeguards in place to keep your case from slowing down further.

We’re not like other law firms. We are very thorough in our review process. Each case we accept goes through several reviews. Our team is specially trained to review each claim file in depth. We often spot evidence the VA missed. If you need an Independent Medical Exam, our firm has a network of doctors what we can refer you to. We also represent Veterans at hearings, and we offer outstanding customer service.

No, our fees are set and are non-negotiable. All Veterans are asked to sign a fee agreement once we take their case. The fees are made clear in our agreement.
Please note that we do not require any payment up front, and we only get paid if you win your claim. Our fee is 20% of backpay awarded, which is standard.

Yes, our firm accepts many new clients who were represented by someone else in the past. The process is actually quite simple.

When it comes to VA Disability compensation, there are many factors that contribute to the length of a claim. Your location, medical evidence, and even your disabilities can contribute to a long wait. No two claims are the same.

Absolutely. GWI claims are very common and we have filed them for many Veterans. We can help you determine if you have a presumptive gulf war condition.

Yes, you can. Some people prefer to wait for one or the other, but if you meet the criteria for both programs, you should pursue both.

Yes. This is referred to as a secondary condition. If you have a medical condition that was caused by or aggravated by an already service-connected condition you may be granted benefits. They key to being granted is having evidence to link them.

Our firm strives in providing the best customer service. Part of this service is requesting medical evidence from your medical providers. However, there may be times that we will ask you to assist us in this process. It is imperative that you communicate frequently with your assigned case manager in order to notify us of your appointments and hospital visits. Your medical providers and hospitals will not notify us of these visits.