Veterans Disability FAQs

Additional Resources for Veterans

Date Posted: April 15, 2024

Rob Levine, Veterans’ Disability Lawyer

VETERAN DISABILITY BENEFITS RESOURCES

Information on VA Disability Compensation
https://www.benefits.va.gov/benefits/

EBenefits – Check the Status of Your Claim or Appeal
https://www.ebenefits.va.gov/ebenefits/homepage

Request Your Service Records
https://www.archives.gov/veterans/military-service-records/standard-form-180

Get a Copy of Your DD-214
https://www.archives.gov/veterans/military-service-records

VA’s National Center For PTSD
https://www.ptsd.va.gov/index.asp

FAQs About Your VA Disability Claim

Can I receive VA disability compensation and continue to work?

In the Social Security disability system, in order to receive benefits, the standard is, “you are not capable of any form of gainful employment.” Unlike Social Security Disability, you can work while receiving VA disability compensation. Your VA disability benefits is based on how your service-connected disabilities impact your ability to work.

Can I receive VA disability compensation and Social Security Disability benefits at the same time?

Social Security Disability Income (SSDI) does not have a barrier to net worth or income provisions. Regardless of the home, the vehicle you own, or investments you’ve made – or alimony or pension from previous employment, this would not prohibit you from receiving SSDI. Similarly, this would not prohibit you from qualifying and receiving VA disability benefits. Even if you were to qualify for a 100% TDIU rating, you would still qualify for SSDI benefits either under the SSDI guidelines or the VA Disability guidelines.

How long will the VA take to decide my disability case?

The average length of time to adjudicate any claim or appeal depends on many factors, including the type of appeal or claim, the Regional Office, the number of disabilities to decide, any necessary development, and the overall complexity of the case. Cases in the VA’s legacy appeal system can take years. In contrast, the VA has set the following timeliness goal for adjudicating AMA appeals:

Supplemental Claims: within 125 days
Higher Level Review: within 125 days
Board of Veterans’ Appeals – Direct Review Docket: within 365 days
Board of Veterans’ Appeals – Evidence and Hearing Docket: over 365 days

Do I have to hire a Veterans Disability lawyer?

No, the VA does not require you to hire a lawyer for your appeal. However, remember that the VA also unfairly denied your benefits. Statistics show that veterans with representation receive more benefits, faster. The Veterans Disability attorneys at Rob Levine Law know the law as well as the ins and outs of the VA system. When you combine an experienced, knowledgeable Veterans Disability attorney with a veteran who can assist by explaining the details of the facts of a case, there is no better team to help you get the disability benefits that you deserve.

Can You Receive VA Disability Benefits with a OTH Discharge?

Yes, if there are mitigating circumstances (like mental illness or TBI) that explain the conduct that resulted in the less-than-honorable discharge. These types of cases can often last years without an experienced representative who can overcome VA’s negative assessment of your military discharge. Learn more about the Character of Discharge Determination process here.

What does a Veterans Disability lawyer do?

An effective attorney can put you in a position to win your appeal the first time around, saving you years of disappointment and frustration. Veterans’ claims often get caught in a cycle of denial, appeal, remand, denial, appeal, remand, denial, appeal, remand, and so on. An experienced attorney can effectively present the law and the facts to the VA the first time around, which in many instances gets veterans their disability benefits faster. When you choose our dedicated team of experts at Rob Levine Law to represent you, we take an all-hands-on-deck approach to win your case. As part of our proven process, our team will:

File your appeal with the VA;
Construct a personalized evidence development plan tailored to each claim;
Perform cutting-edge service record and medical research;
Draft a comprehensive legal brief in support of your appeal; and
Routinely follow up with you to provide an update on the status of your case.

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