Veterans Disability Benefits
Table of Contents
Key Takeaways
- Full VA benefits appeals representation—modern and legacy. They guide veterans through AMA pathways and preserve effective dates when deadlines are met.
- Board of Veterans’ Appeals (BVA) advocacy, including hearings. The team prepares evidence and represents vets at BVA hearings held locally, in Washington, D.C., or via videoconference.
- Wide condition coverage for disability claims. They handle mental health (anxiety, depression, MST, PTSD), physical conditions, and toxic exposures, plus disability topics like TDIU and Special Monthly Compensation.
- Nationwide help, free consults, and contingency fees. They serve veterans across the U.S., offer free consultations, and charge a contingency fee.
- Attorney-led team with accredited claims agents. Led by Senior Managing Partner Donald W. Marcari, with attorneys and VA-accredited claims agents available to work cases end-to-end.
The attorneys at Marcari, Russotto, Spencer and Balaban have had success in the past helping Veterans who have had one or more service-related injuries holding them back from employment, without their current disability rating standing in the way.
If you’ve been denied Veterans compensation benefits, you can appeal the decision.
Two of the most common decisions that are appealed are:
- Benefits were denied by the VA for a particular disability that you believe stems from your time spent in the service.
- Your disability is far more severe than the Department of Veterans Affairs initially rated it to be.
After you’ve decided you’d like to appeal the choice made by the Veteran’s Board, there’s a few different steps you must take in order to move forward:
- A Notice of Disagreement (NOD) must be filed with the VA office, stating why you’re interested in appealing.
- Once received, this will be reviewed by a decision review officer (DRO). It must be filed within one year of the date in which you received the initial decision.
- From there, the VA will put together a Statement of the Case (SOC), which is a document that outlines the reasons for their decision. This will also contain all the evidence, laws, and regulations they applied to your case.
- This item is typically mailed to you along with VA Form 9, which is the form that you will use to appeal.
- From there, you would fill out VA Form 9 (above), stating the benefit(s) you’re actively attempting to appeal for, and the mistakes that you feel were made with the initial SOC.
- You may also want to request a personal hearing when filing out the document.
Once you have completed VA Form 9, it must be taken back to your local VA office either within 60 days of the date that you received your Statement of the Case document, or within one year of the initial VA decision denying your claim.
Nationwide Accredited Appeals Attorneys Will Help You Apply for a Better Benefits Rating!
You and Your Loved Ones Deserve the Stability Your Sacrifices Earned.
- Make sure all claims are in conjunction with your prior medical records.
- Do not give a handwritten application, please use the computer, and print it out.
- Do not wait to get started, time is a key factor in getting a better rating.
- Compile all vital information from your medical records into a summarized sheet.
- Present yourself in a polite and professional manner, it may make a difference.
- Make sure all files that the VA requests are correct and up to date.
- Keep all original documentation and keep extra copies in a safe place.
Meet Our Veterans Disability Benefits Attorneys
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 that 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 refuse 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 us toll free at (866) 866-VETS today or contact us online to schedule a free consultation.
VA Benefits Appeals
Applying For a Better Rate
Appeals Modernization Act
Board of Veterans’ Appeals
Meet Your Marcari, Russotto, Spencer & Balaban Team
Frequently Asked Questions
We represent veterans in all stages of the VA disability process, including initial claims, Supplemental Claims, Higher-Level Reviews, and appeals before the Board of Veterans’ Appeals (BVA). We also handle cases under both the current Appeals Modernization Act (AMA) system and the legacy appeals system.
We assist with a wide range of service-connected conditions, including PTSD, anxiety, depression, military sexual trauma (MST), Parkinson’s disease, traumatic brain injury (TBI), sleep apnea, orthopedic injuries, Gulf War Syndrome, Agent Orange exposure, Camp Lejeune water contamination, and burn pit toxic exposures, among others.
No. We represent veterans nationwide. Our team communicates by phone, email, and video conferencing, and we handle hearings virtually when possible, so distance is never a barrier to working with us.
We work on a contingency fee basis. That means you pay nothing up front. If we win your case, our fee is typically 20% of the retroactive benefits you are awarded. If we don’t win, you don’t owe us anything.
Yes. Our attorneys and accredited claims agents regularly represent veterans at BVA hearings—whether held in Washington, D.C., at a regional office, or via video (Zoom/VA Video Connect). We prepare your case and advocate for you directly before a Veterans Law Judge.
Yes. Even if your claim was denied in the past, you may be able to reopen it with new and relevant evidence, file a Supplemental Claim, or pursue other appeal options. Preserving your effective date is critical, and our team can help you determine the best strategy.
Our firm is led by experienced trial attorney Donald W. Marcari and supported by a team of attorneys and VA-accredited claims agents dedicated solely to veterans’ benefits law. We combine deep knowledge of VA procedures with a personalized approach to ensure your case gets the attention it deserves.
Yes. We provide free consultations so you can learn about your options without risk. This allows us to evaluate your case and explain how we may be able to help before you make any commitments.
Written By David Russotto
David began his legal career as an attorney with the U.S. Navy JAG Corps. David’s long familiarity with the military and respect for the sacrifices made by U.S. veterans has been instrumental in his decision to represent disabled veterans and their families.
