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Huntington Veterans Disability Lawyer

When service members agree to serve our country, they do so with the promise that we will take care of them if they become disabled. Unfortunately, it can be hard to fulfill that promise. The Department of Veterans Affairs (VA) will deny a claim if it does not meet their rigorous criteria. While it eventually reverses more than one-third of those denials, the process is time-consuming and can frustrate many Veterans.

Jan Dils is the country’s largest VA benefits law firm and a Huntington Veterans disability lawyer can help you streamline the application process. While an attorney cannot make the actual process faster, we can help you avoid common mistakes that lead to denials, and represent you if you need to file an appeal.

Conditions Supporting a Veteran’s Disability Claim

To qualify for disability payments through the VA, a Veteran must prove he or she has a disability and that the disability is service-related. Disabilities can be physical or mental, as long as they interfere with the Veteran’s ability to support themselves and earn an income.

Examples of service-related injuries include joint injuries, loss of limbs, anything impacting motion or movement, chronic pain, traumatic brain injuries (TBIs), and more. Some of the more common mental health conditions include anxiety and depression, post-traumatic stress disorder (PTSD), and military sexual trauma. While some traumas that can be clearly linked to service (such as bullet or shrapnel wounds) may not require a lawyer’s assistance to get approved, others that are not as obviously service-connected could use a professional’s insight.

The nexus between the applicant’s service and the disability is critical. Something during service has to cause or exacerbate the condition. If the condition is pre-existing, then the VA is only responsible for the increase in disability from the applicant’s pre-service baseline. The injury or illness does not need to have appeared while the person is in service, as long as the applicant can prove the connection.

Veterans Benefits for Disability

To determine benefit amounts, the VA considers the disability rating along with other factors. There is a baseline of benefits for certain disability thresholds, but VA benefits receive the same yearly cost-of-living adjustments (COLA) as Social Security benefits, so this amount is subject to change.

The first factor that impacts disability payments is the disability rating. Individuals can qualify for benefits based on one or more conditions, as long as the disability rating for at least one condition is 40% or more. A person cannot be more than 100% disabled, so determining the rating for someone with multiple disabilities involves more than adding together separate ratings. You can see this formula in action by using our online VA benefits calculator.

The VA also looks at factors that can increase or decrease the amount of a person’s VA benefit payments. The number of dependents, or having a disabled spouse, can increase monthly payments. Getting other compensation—such as retirement, separation, or disability severance pay—can reduce the amounts. Felony convictions and incarceration can also reduce benefits.

The Appeals Process

Every VA benefit applicant should prepare for an appeal since the VA denies many initial applications. More than 30 percent of initial denials are eventually reversed upon appeal, and a Huntington Veterans disability lawyer can help with that process.

The first step is determining what type of appeal to file. There are three ways to appeal a VA decision: Higher-Level Review, Supplemental Claim, and appeals to the Board of Veterans’ Appeals. Each process is slightly different and has slightly different goals.

A Higher-Level Review is the preferred choice when the claim should be approved, and the applicant thinks the initial reviewer made an error. A senior reviewer at the Regional Office reviews the claims or errors and may issue a different opinion. When an applicant realizes that their claim needs additional evidence of his or her disability, they can file a Supplemental Claim.

Board of Veterans Appeals

Those looking for a more substantial review can appeal to the Board of Veterans’ Appeals. There are three ways to file these appeals, which go before a Veterans’ Law Judge. Applicants can seek a direct review, which is a review of the submitted evidence without a rehearing. He or she can file for a supplemental review with additional evidence. They can also request a hearing. A VA-accredited attorney can help determine the most appropriate appeal format.

Talk to a Huntington Veterans Disability Attorney About What You Are Owed

Having a disability can radically change how you live your life, especially for people who scarified a lot in service of their country. Jumping through the VA’s hoops to get your benefits only increases the frustration. Fortunately, you do not have to do this alone. Please schedule a free consultation with a Huntington Veterans disability lawyer today to learn how we can help.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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