Frequently Asked Questions

Here are the most common questions about veterans' appeals. Click on a question, or scroll down the screen.

1.	What do I need to win my claim?
2.	Am I entitled to compensation even if my injury occurred while I was off duty?
3.	I got a decision from the Board of Veterans' Appeals that does not grant all the benefits I asked for. What can I do?
4.	Should I file with the Court or the Board?
5.	Does it cost me anything to file an appeal?
6.	Must I have a lawyer to appeal to the Court?
7.	How long does an appeal take?
8.	Can I give the Court new evidence to support my claim?
9.	Do I have to retain an attorney in Washington, D.C.?
10.	Can I call you to discuss my claims?

1. What do I need to win my claim?

Answer: You need to show that you sustained an injury or contracted a disease during service; that you currently have a disability or disease; and that your current condition is related to your injury or disease in service.

2. Am I entitled to compensation even if my injury occurred while I was off duty?

Answer: Yes. For example, if you broke your leg playing football with your buddies while you were in service, you may be entitled to compensation as long as your current disability is related to the injury you suffered while playing football in service.

3. I got a decision from the Board of Veterans' Appeals that does not grant all the benefits I asked for. What can I do?

Answer: You can either file an appeal to the U.S. Court of Appeals for Veterans Claims or file a motion for reconsideration with the Board. Either action must be done within 120 days of the Board decision in order for the Court to have jurisdiction to adjudicate your case.

4. Should I file with the Court or the Board?

Answer: The Board rarely grants motions for reconsideration. If you feel that the Board decision in your case is wrong, you may want to simply appeal to the Court. It would be advisable to contact an experienced veterans benefits law attorney to represent you in your appeal.

5. Does it cost me anything to file an appeal?

Answer: The Court's filing fee is $50.00. However, it may be waived if payment would pose financial hardship to you. As for legal fees, it varies from lawyer to lawyer. Lieberman and Mark represents veterans at Court without charge. Under certain circumstances, we may apply to have our fees paid by the VA. In any event, there will be no charge to you for our services in Court.

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6. Must I have a lawyer to appeal to the Court?

Answer: No. You can represent yourself. However, having an experienced veterans law attorney to assist you in your appeal may increase your chance of success. The VA will have its lawyers to represent its interest, and so should you. The law and procedures are complex and you may be disadvantaged if you do not know how to navigate through the maze.

7. How long does an appeal take?

Answer: It varies from case to case, depending on many different factors. It can range from 3 to 18 months, or even longer.

8. Can I give the Court new evidence to support my claim?

Answer: No. The Court will only consider the evidence that was available to the Board when the Board made its decision.

9. Do I have to retain an attorney in Washington, D.C.?

Answer: No, you may be represented by anyone who is admitted to practice before the Court, wherever they are located. However, having an attorney in Washington, D.C. has certain logistical advantages. For example, we do not need to wait for the VA to make a copy of your claims file and send it to us. We can access it directly since the VA is located in Washington, D.C. Also, we can hand deliver any filings to the Court or the VA and eliminate the risk of mail getting lost.

10. Can I call you to discuss my claims?

Answer: Yes. You may contact us toll-free at 1-866-435-7838 (1-866-HELPVET) and there is no charge for consultation.

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