Becoming disabled while in military service is an enormous sacrifice to make for our country. The Department of Veterans Affairs (VA) should theoretically give Veterans the benefits they deserve to compensate for any service-related injuries. However, the process can frustrate many Veterans and lead to disappointment.
You do not have to handle the process alone. A Parkersburg Veterans disability lawyer can help ensure your application has the details to support your claim, explain your potential benefits, and prepare you for any appeals you may have.
To be eligible for a disability claim as a Veteran in Parkersburg, you must have a current illness or injury impacting your health. You must have served on active duty or been in training for inactive duty. Generally, a Veteran must prove that the injury is service-related. Some conditions that qualify for disability include:
You must have gotten the illness or injury while serving in the military and be able to link the service with the disability. Alternatively, your injury could be from an illness or injury that predated your service but was exacerbated by it.
To determine benefit eligibility, the VA calculates an individual’s disability rating (which you can also do online with our disability calculator). The rating may depend on a single disability or from a combination of different disabilities. The rating is a percentage that represents how much the disability impacts a person’s ability to function, and determines not only the amount of disability compensation a person may receive but also whether he or she is entitled to VA health benefits.
The VA uses multiple criteria to determine a person’s disability rating. They may require applicants to complete a VA claim exam, also known as a compensation and pension (C&P) exam. They can also examine doctor’s reports, medical tests, and government documents.
The VA can consider other factors when determining the amount of disability pay, in addition to a Veteran’s own disability. They may increase payments for people with dependent spouses, children, or parents, or a spouse with a serious disability. They may decrease payments if a Veteran is already receiving retirement pay, disability severance pay, or separation pay.
Many VA application denials are technical—incomplete paperwork or a lack of supporting evidence. Appeals are worthwhile, however, because the VA reverses denials in over one-third of appeals. The VA appeals process underwent a substantial change and there are now several options.
The first is a Higher-Level Review, which asks the VA to look at the application again but does not permit an applicant to submit new evidence. A senior reviewer examines the claim to determine whether the decision can be overturned because of an error or a difference of opinion. These reviews occur at the Regional Office.
A Supplemental Claim allows the applicants to add new evidence to their claim. The evidence must be new and relevant, and the term “supplemental” refers to the evidence, not the benefit amount. Supplemental Claims do not increase a Veteran’s current benefit amount.
Appeals to the Board of Veterans’ Appeals involve having a Veterans Law Judge review the claim. There are three types of Board Appeal—direct reviews, submitting more evidence, or requesting a hearing. A Parkersburg Veterans disability attorney can help determine the correct type of appeals claim and represent you throughout the appeals process.
Jan Dils, Attorneys at Law is the country’s largest Veterans law firm. You were willing to risk everything for us, and now we are ready to ensure you get everything you are due. If you have any questions or concerns about any phase of the application process, please schedule a free consultation. A Parkersburg Veterans disability lawyer will be happy to assist you with this crucial task.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
