In the United States, we make the promise that we will take care of disabled Veterans if they are in need. However, the Department of Veterans Affairs (VA) routinely denies disability applications that do not meet all the conditions of acceptance. Even when an application is on track to be accepted, the long process can add frustration and stress to an already emotionally overwhelming situation.
No attorney can guarantee results. What our Charleston Veterans disability lawyers can do is help you understand the process, make sure your application has all of the details it needs, and support you through any denials and appeals. You do not have to handle it alone.
Conditions Supporting a Veteran’s Disability Claim
There is substantial overlap between the conditions that support a Veteran’s disability claim and the conditions that can support supplemental security income (SSI) and Social Security disability insurance (SSDI) benefits. It can be a physical or mental condition, but it must be service-connected and impair a person’s ability to be self-supporting. Some examples of qualifying disabilities include:
- Amputations or loss of limbs
- Chronic back pain
- Burns or chemical exposure
- Loss of motion
- Spinal injuries
- Traumatic brain injuries (TBIs)
- Anxiety or depression
- Post-traumatic stress disorder
- Military sexual trauma
The main difference between VA benefit eligibility and other disability claims is that a claimant must demonstrate the disability is service-related. To be service-related, the illness or injury needs to be caused—or exacerbated—by your military service. Post-service disabilities can qualify as long as you can trace their nexus to your service.
Additionally, the mental or physical condition must be current. The VA does not pay disability benefits for conditions that previously existed but are no longer present. Talk to a Charleston, WV Veterans disability lawyer when determining if you condition meets the eligibility criteria.
Benefits for VA Disability
VA benefit determinations depend on a Veteran’s disability rating, as well as other factors, such as the number of dependents he or she has. The VA must follow the same guidelines as the Social Security Administration and offer cost of living adjustments (COLA) to increase payments with the cost of living so that these amounts can change each year. Additionally, VA benefits are not subject to state or federal income taxes.
A Veteran can get disability benefits without a 100% disability rating, but the percentage of disability impacts how much the payments are. The disability rating can be due to a single disability or a combination of disabilities, but at least one disability needs a 40% or higher rating to qualify. The rating represents how much the disability impairs a person’s ability to function. You can check out our Veterans disability calculator to get some idea of what your claim might be worth.
In addition to the disability rating, a few factors can determine disability pay. The VA can increase payments if a Charleston Veteran has dependents—spouse, children, or dependent parents. Those already receiving retirement, separation, or disability severance pay usually get lower amounts. Veterans who are convicted felons serving more than 60 days in a penal institution may also get fewer benefits.
Navigating VA Denials and Appeals
The VA is notorious for denying many initial benefit applications. Some of the denials are for technical reasons, while other denials are based on the VA’s findings that a Veteran does not have the necessary disability rating to warrant disability benefits. Having a Charleston attorney help prepare a Veterans disability claim can reduce—but not eliminate—the likelihood of a denial.
If the VA denies the claim, there are three ways to challenge it—Higher-Level Review, Supplemental Claim, and appeals to the Board of Veterans’ Appeals.
A Higher-Level Review occurs at the Regional Office, and a senior reviewer examines the claim to look for errors or issue a different opinion. A Supplemental Claim allows the applicant to submit supplemental evidence of his or her disability.
A Veteran can also appeal to the Board of Veterans’ Appeals in three ways. He or she can seek a direct review, which does not involve a hearing or submitting any additional evidence. They can submit more evidence to supplement the claim. They can also request a hearing in front of a Veteran Law Judge, which also allows additional evidence.
Talk to a Charleston Veterans Disability Attorney About Your Claim
Dealing with the VA can get complicated, which is why you should get help from the country’s largest Veterans law firm – Jan Dils, Attorneys at Law. Contact us to schedule a consultation with a Charleston Veterans disability lawyer for help to file a claim or an appeal.
