What Happens After I File My Initial Disability Claim to the VA?

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One of the first things Veterans ask us when they become one of our clients is: “What happens when I submit my initial application to the VA?” This is a good question, and the answer is actually quite simple; you wait for the VA to make their initial decision. After you submit your initial application to the VA, also called a 21-526, the VA will render a decision, often referred to as a Ratings Decision, or RD for short. In this decision, you will find out if your claims have been granted, or denied. (The VA can also make other decisions, but these are the most common decisions.)

In your ratings decision, if you are granted, you will likely also receive a service connected percentage. This can be anywhere from 0% to 100% depending upon your claims, the severity of the disability, and the number of claims you have submitted. Also, if you did submit multiple claims, it’s possible to get favorable decision on some and not others. For instance, let’s say you claimed for PTSD, Tinnitus, and Hypertension. Your ratings decisions might state that you were granted 30% for PTSD, 10% for Tinnitus, but then deny you on the Hypertension. (Please note that this is a hypothetical scenario and that every claim and Veteran is different.)

If you get a ratings decision with a favorable decision, and a rating percentage that you are satisfied with, congratulations, you are done with the VA Disability Process. However, this is not often the case, and you need to submit an appeal to the VA. This is the point when so many Veterans turn to Jan Dils Attorneys at Law. Our experienced Attorneys and Staff have the knowledge to navigate you through the VA Disability Process. While we can’t speed up the process, give us a call, and learn all we have to offer: 1-877-526-3457

Can I File a Claim for Agent Orange Exposure?

At Jan Dils Attorneys at Law, we interact with a lot of Veterans who served during Vietnam, and want to file claims for Agent Orange Exposure. However, one of the biggest misconceptions is that we can file a “general” claim for exposure, but that is simply not the case. With Agent Orange, the VA releases a list of “presumptives” that are a result of Agent Orange Exposure.

The following is the VA policy for Agent Orange Exposure: “VA assumes that certain diseases are related to qualifying military service. These are called "presumptive diseases." VA has recognized certain cancers and other health problems as presumptive diseases related to exposure to Agent Orange or other herbicides during military service.”

In other words, in order to have a claim for Agent Orange, you must have a disease that is a presumptive of exposure. The official list of presumptive can be found here. In addition to a presumptive, a Veteran has to meet other requirements, such as serving in an area in which Agent Orange was used, in order to be granted a favorable decision.

This topic is very confusing to most. That is why so many Veterans turn to Jan Dils Attorneys at Law for help with Agent Orange cases. If you are interested in filing a claim for one of the presumptives, or if you need help with an appeal, give our office a call: 1-877-526-3457

Am I Eligible for VA Disability Compensation?

Yesterday I had a young man call me and say: “I don’t believe I qualify for VA Disability because I am only 26 years old.” I quickly informed him that this is not the case. At that time I decided to explain exactly what VA Disability Compensation is in detail. Eligible.

 I first informed the young man that his age did not matter for Disability Compensation. The first thing I had to determine was what type of discharge he had. In order to receive VA Disability Benefits, you must have received a discharge that was other than dishonorable. I also explained that an honorable discharge was not the only thing that would qualify him, but he also had to have some sort of disability that either occurred while in service, or was aggravated by his time in service.

 He informed me that he had an honorable discharge. At that time he also explained that he did serve in Iraq, and that he was suffering from PTSD. He explained that he did have a diagnosis by a doctor for it as well. I informed him that the diagnosis for PTSD was good, because without that, he would get denied. The young man then mentioned that he was also suffering from joint pain, and had some hearing loss. I explained to him that those are all things we may be able to service connect him for as long as there is evidence to support his claim. He then asked how we would get evidence to support his claim, and I explained that we would request his claim file from the VA, and research it to find evidence, and that we would also request any private care records from private doctors that he has seen since he had left service.

                Now that we had determined that he was eligible to apply for benefits, I had him fill out a 21-526, which is the VA form that all Veterans must fill out and send to the VA when applying for Disability Compensation. Without this form, the VA will not process his claim. Since this Veteran had decided to become a client of ours, we actually submitted it on his behalf. This is just one of the many things we do for our clients, and it takes some of the stress out of going through the VA Disability Claim process.

                The young Veteran then asked me what happens if he gets approved. I explained that if he is approved that he would be granted a percentage based on the severity of each injury. For instance, PTSD is something that he could be granted anywhere from 0-100%. I also informed him that hearing loss is something that he may not see any more than 10% on. I explained that it really depends upon what his records show, and what the VA decides. However, if he is granted, he would receive a monetary benefit each month that would coincide with whatever percentage he was granted. He would also receive back pay for his claims to. I informed him that back pay occurs from the time his claims were filed rather than when injuries occur.

                We understand how confusing this can be for anyone to go through alone. So many Veterans turn to Jan Dils Attorneys at Law because we have the knowledge, and the ability to navigate through the VA Disability Claims process. Our friendly staff is always willing to answer questions you may have about eligibility, so feel free to give us a call: 1-877-526-3457.

What is VA Disability Compensation?

A lot of Veterans have VA Disability claims pending, and are well versed in the Disability Claim process. However, if you are recently discharged, or if you have not applied before, you may not know what VA Disability Compensation is, or who is eligible to receive the benefit.

The VA defines Disability Compensation as the following:

Disability Compensation: A monetary benefit paid to Veterans who are disabled by an injury or illness that was incurred or aggravated during active military service. These disabilities are considered to be service-connected. Disability compensation varies with the degree of disability and the number of a Veteran's dependents, and is paid monthly. Veterans with certain severe disabilities may be eligible for additional special monthly compensation. The benefits are not subject to federal or state income tax. The payment of military retirement pay, disability severance pay and separation incentive payments known as SSB (Special Separation Benefits) and VSI (Voluntary Separation Incentives), and Combat-Related Special Compensation affect the amount of VA compensation paid to disabled Veterans. To be eligible, the service of the Veteran must have been terminated through separation or discharge under conditions other than dishonorable.

That definition is a little complicated. If you are interested in finding out more about VA Disability Compensation, feel free to give our office a call: 1-877-526-3457 One of our experienced staff members will be more than happy to help you determine if you are eligible. At Jan DIls Attorneys at Law, are dedicated to helping Veterans get the help they deserve.

What is an SOC?

In the legal process of VA Disability Compensation, you may hear the term “Statement of the Case,” and are probably wondering what that means. In your legal timeline, a Statement of the Case or SOC comes after your “Notice of Disagreement.” Once your Notice of Disagreement is filed through the VA, they will make a decision. (This will often occur several months later.) This decision is referred to as a Statement of the Case.

So, now we know when it comes, but we still have to decide what it is in regards to your claim for VA Disability Compensation. Essentially an SOC is a decision. However, this decision is a little more detailed than your initial decision you received from the VA. The SOC will explain in detail why you were denied for your disability. They will often quote specific statues, and use legal terms to explain why they denied your claim. It can be, and most often is, a very confusing form. They also tend to be quite lengthy.

Unlike an NOD, a Veteran only has sixty (60) days to file the next form of appeal, which is referred to as a VA form 9. The sixty days starts on the date on the SOC, not from the time a Veteran receives the document.

Interpreting an SOC can be difficult, that is why so many Veterans seek the legal help of attorneys like the ones at Jan Dils Attorney sat Law. We have the people, knowledge, and resources to help you get the benefits you deserve. For a free phone consultation, give us a call at 1-877-526-3457.

How Long Will My VA Disability Claim Take?

One of the questions we are asked most frequently by Veterans is: "How long will my VA Disability Claim take?" It's a very valid question, but unfortunately there is no definite answer. There are a lot of factors that go into the length of time it takes to get your final decision through the VA. Generally we say that it can take anywhere from two to four years for your final decision to come through.

When one hears that, they are obviously going to want to know why this is the case. As I mentioned before, several factors go into deciding how quickly your VA Disability claim processes. One thing that you have to keep in mind is that every case is different. It's possible that a friend of yours received a decision back months before you did. That is common especially if your friend lives in a different state. To put it simply, VA Regional offices in states with a higher population of Veterans have a much higher backlog then those states with a smaller population of Veterans.

To get a better understanding of which states have a higher population of Veterans, take a look at the following map.


The timeline can be very upsetting to most Veterans, and that is why so many of them turn to Jan Dils Attorneys at Law. While we can't speed up your case, we can handle so much for you. We can file appeals on your behalf, reopen claims that have closed, we will research your medical records to find evidence, and of course, we will represent you at hearings. These are just a few of the things we do for Veterans. If you are interested in finding out more, check us out online: www.fight4vets.com or call our office: 1-877-526-3457. 

In the VA, what is a 21-526?

If you call our office seeking legal representation for your VA Disability Claim, one of the first things we will ask is: Have you filled out your 21-526? Most Veterans will answer this question by saying "yes." However, if you are new to the VA Disability Process, you will likely answer no, or not know what it means. That's okay. This blog will explain what a 21-526 is in detail.

In order to file for VA Disability Benefits, you must fill out a 21-526. It is also called "Veterans Application for Compensation and/or Pension." In other words, this your initial application to receive benefits from the VA. The form can be found online at the VA website. However, if you have not filed before, and are seeking legal representation, we will be more than happy to send you a copy.

When you look at the 21-526, it can seem a bit overwhelming. This is largely due to the fact that it is 12 pages long. However, many of the first pages are simply instructions. Once you get past those initial pages, the rest is just basic information about yourself, and your time in service. Also, it is important to list your disabilities on this application as well. A Veteran can not just file a basic claim for benefits.

Once your form is complete, submit it to the VA, or if you are a client of ours, we will review it first, and then submit it on your behalf. This is just one of the many things Jan Dils Attorneys at Law will do for our clients. If you are interested in further information about our services, check out our website, www.fight4vets.com, or give Our office a call: 1-877-526-3457