Frequently Asked Questions

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.