VetLaw is the law firm of choice for veterans in all 50 states. Our main office is located one block from VA’s Regional Office in Winston-Salem, North Carolina. The Winston-Salem office was founded for the sole purpose of representing veterans and their families struggling to obtain VA benefits. Our practice still follows the initial principles set forth by our Founding Attorney, Marine Corps veteran Brendan Garcia.
Some veterans who are disabled apply for disability compensation and receive the compensation they deserve without much trouble. Unfortunately, most veterans encounter resistance when they attempt to make a claim and may be led astray by bad advice. The continually changing paperwork required by VA is confusing and causes many veterans to make unintended mistakes in their application or appeal.
The role of a VA disability lawyer is to bring clarity to the confusing nature of the appeals process. Though you typically must have been denied at least one time before an attorney can assist you, they are often able to quickly determine the missing link between your initial claim and what you need to prove entitlement. A careful review of the reasons for denial, the most appropriate method of appeal, and assisting you in developing the necessary medical evidence are all a part of the attorney’s job.
As noted above, it can be difficult to prove all three requirements by VA to obtain VA disability compensation benefits. The process to apply for benefits and choose which appeal route to follow may have lasting impacts on your case.
VetLaw can take the lead in assisting you with pursuing an appeal and obtaining the benefits that you deserve. Since there may be a limited time to act in some cases, do not hesitate to call a VA disability lawyer today and start exploring your options.
There is no cost to you to have an attorney review your claim. We’ve helped thousands of Vets across the nation win their appeals, increase their VA disability rating, and receive more compensation each month. We can help you too. To get started, please call today or fill out the form to request a FREE review of your disability claim.
The Veterans Disability Compensation Program includes monetary benefits paid to veterans of the armed forces who suffer from a disability related to their active duty service. These are non-taxable benefits that can be used for everything from paying a mortgage to buying clothes and feeding children. Veterans must be able to show that they meet all three parts of VA’s criteria to be successful in obtaining these benefits.
First, the veteran must have a current disability. Although this sounds simple and obvious, it is not always clear what a disability is. Some conditions are obvious, such as a scar or other visible condition. Other veterans may suffer from pain in one or more joints. This type of disability is often hard to prove, but the United States Court of Appeals for Veterans Claims has recently ruled that pain which results in function loss also qualifies as a disability for VA compensation purposes.
Second, you must be able to connect your current disability with your military service. Sometimes this connection is simple, such as when you broke your leg while serving in combat, and you have never fully healed. Other connections may not be as easy to show, such as degenerative disc disease which developed later in life from the rigors of military service.
Finally, an applicant must show veteran status, which may include a minimum period of service unless certain exceptions apply. A dishonorable discharge is typically a bar to benefits, but an attorney may be able to assist you in receiving a discharge upgrade if this is an issue.
Brendan Garcia is my attorney for all my VA claims & issues at present and will be always in the future. I Started with a DAV representative, totally useless, then had about 7 different appointments with different so called attorneys that claim that they can handle VA issues. Unbelievably, they were also useless and unfamiliar with VA procedure, it was evident. Not to mention about dozen that I called and never had a reply. Finally, one attorney before Mr. Garcia was a former Veteran, had to fire him, he never communicated, wasn’t prepared and almost lost the appointment date for a RO hearin Read More
I processed my VA Agent Orange appeal for over 4 years and could not get satisfaction out of the bureaucratic maze. I then contacted Brendan Garcia, who is a former Marine and has, in the past, worked as an attorney for the VA. He knows the ins and outs of the "system " and has been able to get my appeal through the proper channels which has resulted in my being awarded 100% disability. He kept me informed during the entire process, was easy to work with and has lots of empathy for aging disabled veterans. I feel very fortunate to have found and hired Mr. Garcia. Read More
Being a veteran and choosing to take on the big government beauocracy alone can be a perilous endever. Years ago the rules changed after decades that veterans could not be represented by professional legal counsel. It's like the system was stacked against us veterans who needed to be saavey enough to win claims against the madness that is the Veterans Benefit Administration (VHA). I know, because I was up to my neck in getting my claims honored. One day after being denied yet once again, I just said enough going it alone or working with Veterans Servoce Organization (VSO) who seem to have left Read More
I have a VA claim that has history going back 50 years. On sending Brendan a quick synopsis of the claim he phoned me very shortly after receiving my information. He without any promises said he would be interested in pursuing my situation. I gathered up a very lengthy file that required a notice to the VA as to whether I would be entering an appeal; Brendan locked in that appeal. What impressed be is his professional interest in an extremely difficult case that will involve many , many hours of research on his part. His agreement (professional feed) over this agreement was very fair --no Read More
You have the right to appeal. The appeals process is a review process that allows you to choose from three decision review options:
The top three reasons for a VA disability claim denial:
Today, 31% of disability claims are denied—and 60% of those denials are in error.
The VA has no mandate to deny claims. However, they will deny your request if it is not filed using the correct form.
The average wait time for a VA decision is around 107 days. The VA’s goal is to issue all decisions within 125 days.
The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days.
The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.
Yes. VA benefits are granted to veterans as long as they remain disabled at the same level of impairment and even until their death.
Please fill out the form below, or give us a call, and we will get back to you as soon as possible. The more detail you can provide, the better we can determine if we can help you. (And even if we can’t take your case, we will do our best to offer other options, and point you in the best direction we can!)