Frequently Asked Questions
Disability compensation is a monthly tax-free benefit paid to Veterans by the Veterans Administration who are at least 10% disabled because of injuries or diseases that were incurred in or aggravated during active duty, active duty for training, or inactive duty training. A disability can apply to physical conditions, such as a chronic knee condition, as well as a mental health conditions, such as post-traumatic stress disorder (PTSD). For more information on VA Disability Compensation, click here: https://benefits.va.gov/compensation/
A veteran may be eligible for Disability Compensation through the VA if he/she
(1)served in the Uniformed Services on active duty, OR
Active duty for training, OR Inactive duty training, AND
(2) He/She was discharged under other than dishonorable conditions, AND
(3) He/She is at least 10% disabled by an injury or disease that was incurred in or aggravated during active duty or active duty for training, or inactive duty training.
Dependency and Indemnity Compensation. Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Service members who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease. For more information on DIC, click here: https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp
There are many attorneys who are accredited by the VA to practice in Veterans Disability Appeals, but very few dedicate their entire scope of practice to the matter.
The process can take years. It is important to understand that the VA has many claims and appeals to decide and it is a long, drawn-out process. While there are ways to speed up the process, the Veteran must be prepared to wait at least two years for a conclusion or final decision.
No. The VA uses a scale to rate disabilities. If a Veteran is at least 10% disabled as it relates to a particular condition, he/she can receive disability compensation.
To see the current Veterans Compensation Benefits Rate Tables, please click her: https://www.benefits.va.gov/COMPENSATION/resources_comp01.asp
Yes. If a veteran feels that he/she deserves a higher rating for their disability, Windham Law can assist in getting an increased award for the Veteran’s already service connected condition.
The process of appealing claims for VA Disability Compensation is supposed to be simple and easy to understand. It is not. Once a claim is denied the appeals process is full of legal jargon, deadlines, and various other requirements. The VA will often claim that the process is designed so that a Veteran can appeal a denied claim without representation. This is a fallacy perpetuated to allow the VA to justify the continued denial of claims. An accredited attorney is able to navigate the barriers within the VA appeals process in a way that a layman is not, offering a greater chance of success.
Windham Law is proud of its 85% success rate in helping Veterans and their families get the benefits they deserve from the VA.
Nothing upfront. Windham Law represents Veterans and their families in their claims for VA Disability Compensation or Dependency and Indemnity Compensation with contingent fees. This means that no fee is paid to Windham Law unless the claimant is awarded benefits.
No. Windham Law can represent Veterans and their families in any state in the United States. The entire process can be done remotely and Windham Law strives to make the representation process as convenient as possible, regardless of the Veteran’s location.