Veterans Disability Benefits Appeals
"Veterans who have been injured during their service are entitled to receive disability benefits from the VA. If you are a veteran and your claim has been denied, or you disagree with your disability rating, it's time to call us for help." — Don Marcari, Former U.S. Navy Judge Advocate General's Corps
Standing up for the rights of disabled U.S. veterans
Applying for disability benefits from the U.S. Department of Veterans Affairs (VA) can be a long, complicated process. No matter how worthy your claim, it can be turned down due to technicalities at any stage. The personal injury lawyers at Marcari, Russotto, Spencer & Balaban may be able to assist you.
We help veterans and their families throughout the United States obtain the disability benefits they are entitled to from the VA. Once a claim for benefits has been denied, or you disagree with the disability rating the VA has awarded, then Marcari, Russotto, Spencer & Balaban can begin representing you. VA claims are federal issues and an attorney does not have to reside or have an office in your state to represent you.
Compensation is the most common claim for benefits
When the VA approves a claim, a percentage of disability is assigned from 10 percent to 100 percent. Your level of disability determines the amount of your monthly non-taxable payment as well as the amount of medical care you receive from the VA at no cost. Three things must be established through evidence to be entitled to VA benefits:
- There must be a current disability
- There must be evidence that the veteran first showed symptoms of a disease or suffered an injury, or an aggravation of a pre-existing disease or injury, while in the service or within a short period afterward
- There must be a link between the current disability and the in-service disease, injury or event
What our VA disability attorneys can do for you
A Marcari, Russotto, Spencer & Balaban veterans affairs disability lawyer can guide your appeal through the lengthy claims process. We have experience dealing directly with the VA's Regional Offices, the Board of Veterans Appeals, and the Court of Appeals for Veterans Claims (Veterans Court). If necessary, we can pursue your appeal all the way to the Federal Circuit Court of Appeals.
Types of VA disability claims we handle include:
- Service-connected disability compensation
- Non-service connected pension
- Dependency and Indemnity Compensation (DIC)
- Compensation for injury/death caused by VA (1151 Claim)
Services we provide our country's veterans across the United States:
Marcari, Russotto, Spencer & Balaban attorneys can help you through the entire appeal process from beginning to end, including:
- Conducting your initial consultation to determine the validity of your appeal
- Guiding you through the claims process and answering questions as they arise
- Completing and filing all VA forms and requests for appeals with the proper office
- Handling all contact with the Department of Veterans Affairs
- Obtaining necessary evidence and medical records to substantiate your claim
- Preparing and submitting analyses of all evidence related to the claim
- Preparing you for all hearings
- Representing you at all hearings and appeals
- Keeping you informed of case status every step of the way
Who do we help?
Although veterans are the focus of our VA practice, they are by no means the only recipients of benefits that we help. Surviving spouses and children may also apply for compensation. The VA describes those who are eligible for benefits as:
- Veterans. A veteran is a person who served in the active military, naval or air services, including the Coast Guard, and who was discharged or released under conditions other than dishonorable. This means veterans with dishonorable discharges may not apply for VA benefits at all.
- Surviving Spouses. The VA offers Dependency and Indemnity Compensation (DIC) and Death Pension Benefits to spouses of active service members and veterans who die of service-related injuries — as long as they meet certain criteria. If your application for these benefits has been denied, please contact our office to see if we can help you appeal.
- Surviving Children. DIC and Death Pension Benefits are also offered to surviving children of service members and veterans. Children must be under 18, or 23 for students, and unmarried. Certain helpless adult children are also entitled to DIC benefits.
How legal fees are paid
The VA realizes that the claims and appeals processes may last years. If your appeal is granted, then you receive compensation which is retroactive to the beginning of your original claim. This retroactive payment is provided in a lump sum. When you are represented by Marcari, Russotto, Spencer & Balaban, the VA deducts 20 percent of this lump sum for the payment of legal fees. (Note: Lawyers wishing to charge more than 20 percent must collect their entire fee directly from the veteran they have represented. Marcari, Russotto, Spencer & Balaban refuses to charge more than 20 percent.) We never collect a fee unless we win your claim for benefits.
Call us today if your VA disability claim has been denied or you disagree with your disability rating
Fighting for VA disability benefits on your own can be very difficult and time consuming. Having an attorney experienced in cutting through the red tape can help you successfully appeal the VA's denial and gain the benefits to which you are entitled. Call toll free at 1-888-351-1038 today or contact Marcari, Russotto, Spencer & Balaban online to schedule a free consultation.