The decision to join the Armed Forces is not one most people make impulsively. While it can offer people many opportunities, the risks are significant. The Department of Veterans Affairs (VA) is supposed to offer disability benefits to those Veterans whose ability to earn a living has been impacted by a service-related injury. However, the VA denies many of these claims initially, making it difficult for Veterans to secure the benefits that they deserve.
Our Beckley Veterans disability lawyers understand the hurdles that Veterans face when applying for their VA benefits. From the complexities of the application process to dealing with denials, they can help Veterans through the process. Having a VA-accredited attorney will not make the process go any faster, but it can help you avoid some of the common mistakes that can lead to an improper denial.
Understanding Qualifying Conditions for Veterans
Not every illness or injury will qualify a Veteran for a disability claim. The condition must be significant enough to prevent a person from earning a living, but if the cumulative impact of multiple injuries keeps someone from working, that can qualify as well.
However, it is not enough for a Veteran to prove that they have a disability: they must prove that the disability is service-connected. Proving that the condition is service-connected requires establishing a solid connection—also known as a nexus—between the condition and the Veteran’s service. The service does not have to cause the condition; it can exacerbate a pre-existing condition, but the degree of disability is then based on the change, not the total disability.
Dramatic events, like combat injuries, can be the basis of a disability. Cumulative injuries can also serve as the basis, which are harder to prove, and where a lawyer is most valuable.
Benefits for Partial or Total Disability
A Beckley Veteran does not have to be totally disabled to qualify for benefits. Veterans can receive some disability compensation if he or she has a service-related disability that sufficiently interferes with their ability to work. The higher the disability rating—a percentage that refers to the severity of the condition—the greater the compensation will be.
These amounts that a person receives every month are subject to cost of living adjustments (COLA), so they are likely to increase every year. An attorney who handles Veterans disability benefits in Beckley can advise applicants on what benefits they can expect to receive (and you can use our Veterans benefits calculator to see what you could receive).
Anticipating Denials and Appeals of VA Benefits
One of the most frustrating parts of the VA benefits process is that there is no guarantee an application will be accepted on the first try. Fortunately, the VA allows for appeals.
There are different ways to seek an appeal, and a Beckley attorney can help disabled Veterans choose the appropriate one. For Veterans who think the reviewer made a mistake, a Higher-Level Review allowing a senior reviewer to assess the claim is an option. For those who did not include enough information or where new information has come to light, a Supplemental Claim permits applicants to submit new evidence. When the review may need to be more complex, the Veteran can seek review by the Board of Veterans’ Appeals, which can consider new evidence, provide higher-level review, or order a hearing.
Schedule a Consultation With a Beckley Veterans Disability Attorney
A disability that stems from your time in the service can have a huge effect on your life. Realizing that you may not be able to care for yourself or your family fully can take a toll, and the complicated VA benefits process only increases the emotional hardships linked to these disabilities. At Jan Dils, we will fight for your rights and the benefits you earned. Schedule a free consultation with a Beckley Veterans disability lawyer to learn more about how we can help.
