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APPLYING FOR VETERANS BENEFITS

     The first step in the process is to complete the Application for Compensation and Pension, VA Form 21-526 . Applications for veterans benefits can also be filed on line at the VONAPP Website 
In order to be compensable, a veterans benefits claim must be service connected. Generally, this means a physical or mental disability that was incurred during, or aggravated, by service.
The VA will usually schedule you for a medical examination by a doctor at a VA hospital. This doctor should have full access to all of your medical records prior to the examination and the rendering of his report. When the VA has had the opportunity to review all of your medical records and evidence, a decision is made an a written copy of the decision is mailed to you. If your case is denied, you can file a Notice of Disagreement (NOD). The NOD must be filed within one year of the date of the initial VA decision.
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     The VA must review your claim and issue a Statement of the Case (SOC). This is a summary of the evidence considered and the action taken. If your claim is again denied, you can file a formal appeal using VA Form 9. This appeal must be filed within 60 days of the date of your Statement of the Case. The Form 9 appeal directs your claim to the Board of Veterans Appeals (BVA)  located in Washington, DC. The BVA will schedule a formal hearing for your case. The hearing can be scheduled via video teleconferencing so that you can be present at your local regional office and have your case heard by a Judge at the BVA. Board decisions can be viewed at the “Board of Veterans’ Appeals Decisions Search” website.
If the claim is denied by the BVA, an appeal can be filed in at the United States Court of Appeals for Veterans’ Claims (CAVC) in Washington, DC. This Court was created in 1988 to review decision made by the VA regarding veterans benefits. The CAVC is not part of the VA but a separate federal appellate court. The deadline for filing a CAVC appeal is 120 days after the BVA decision is issued.
For more specific information about the appeals process, see How Do I Appeal?
   
FAQ’S REGARDING PENSION BENEFITS

What is the amount of disability compensation?
The amount of your disability compensation depends on the seriousness of your disability. Your disability is rated and expressed as a percentage and your monthly payment is based on this percentage. See Veteran’s Compensation Rate Tables.

Can my survivors receive benefits?
Yes, veterans benefits include Dependency and Indemnity Compensation (DIC). Your surviving spouse, children under 18, and in some situations your parents may be eligible for compensation when your death results from either a service-connected disability or non-service connected disability.

What are pension benefits?
Pension benefits are “needs based” benefits that are available if you are a wartime veteran with limited income who has a permanent and total disability. Unlike compensation benefits, a disability for pension benefits does not have to be service-connected. VA Pension Benefits

Do I need an attorney to represent me?
Prior to 2007, attorneys were prohibited from representing veterans on veterans benefits claims unless the case had reached the federal (CAVC) level. The law changed on June 20, 2007 such that the Veteran now has a choice of retaining an attorney at any level of the case after a Notice of Decision has been issued. Attorney fees are set by statute and must be done on a contingent basis – therefore, the Veteran is only responsible to pay a fee if the claim is successful. The statutory fee set is 20% of past due benefits.

What is the Department of Veterans Affairs?
“Our goal is to provide excellence in patient care, veterans' benefits and customer satisfaction. We have reformed our department internally and are striving for high quality, prompt and seamless service to veterans. Our department's employees continue to offer their dedication and commitment to help veterans get the services they have earned. Our nation's veterans deserve no less.” DVA Website.

What is the definition of service-connected?
Generally, service-connected means a physical or mental disability that was incurred during, or aggravated, by service. To review the federal statutory definition, see 38 C.F.R. 3.303

Where can I find VA Forms?
The Department of Veterans Affairs has a Forms web site.

Can I still work and collect service-connected disability benefits?
Yes. However, Veterans receiving individual unemployability or pension benefits may not work.