Veterans Claims - Information From a VA Disability Lawyer
If you have a medical condition related to your service in any branch of the U.S. military, you may be eligible for disability compensation benefits available through the U.S. Department of Veterans Affairs (“the VA”). You may also be eligible for dependency and indemnity compensation (DIC) benefits as the surviving spouse of a military veteran who had a service-related disability or disease. If you have applied for veterans benefits and been denied, that does not have to be the end of your quest.
Applying for VA disability benefits
Applications for veterans compensation and pension benefits can be completed online or in person at any VA service center, but unjust claim denials and administrative problems are common. Persistence may not be enough to overcome an initial VA claim denial. Some cases are in the system for many years, and representation by experienced VA disability lawyers may prove critical to your success with the veterans appeals process. These lawyers have a high success rate in winning cases and can navigate the complexities of obtaining disability compensation.
Back pay and retroactive payments
Additionally, your disability attorney will fight for the maximum back pay for veterans to ensure they receive the monthly payments retroactive to the time of their application. An attorney also can assist you with claiming an earlier effective date for benefits.
Denied claims and low disability ratings
A skilled and experienced VA disability attorney wwill have seen the many cases in which veterans who actually qualify for disability benefits have been denied. In some cases an applicant may have been approved for veterans benefits but has received a low disability rating. VA disability ratings under 100% generally do not provide enough income to live on, but often the disabled veteran still isn’t able to find or maintain work due to a service connected disability.
If you are evaluating whether to apply for VA disability benefits or want to contest a denied claim, you should know that:
You will be required to prove that you have a current medical or psychological condition considered severe under VA criteria and a service connection to an event or condition that occurred during your military service — but that condition does not have to be combat-related.
The amount of compensation you receive if approved will be based in part on the VA disability “rating” you are assigned — and this can be appealed and modified.
VA benefits and other government benefits
Many veterans collect other state or federal government benefits in addition to what they receive from the VA, including Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI), federal retirement benefits, as well as private retirement benefits, if applicable. Under some circumstances a disabled veteran can receive VA disability benefits and military retirement benefits.
VA Offices
VA Regional Offices play a crucial role in the legal process of securing VA disability benefits. Having an experienced VA disability lawyer is essential to navigating claims and appeals for veterans claims that may arise in these offices. Experienced veterans disability attorneys have the expertise to work with VA officials and understand the intricacies of the appeals system.
The VA Disability Claim Process
Information and documentation required for veterans to apply for disability compensation.
The VA claims application process is complex and time-consuming. Being prepared and understanding the procedures can make a significant difference in the outcome of your disability compensation claim.
Filing an Initial Claim
Filing an initial VA disability claim can be a daunting task, but taking the necessary steps can help to increase your chances of a positive outcome. Here’s a step-by-step guide to help you get started:
Gather all relevant medical evidence and documentation, including your DD Form 214, medical records from your military service, your private medical records, and any other evidence that can support your claim.
Complete VA Form 21-526EZ. This form can be downloaded from the VA website or you can obtain a paper form from your local VA regional office.
Submit your application, along with all supporting evidence and documentation, to the VA.
While waiting for your claim to be reviewed you can track your claim status online.
If you disagree with the VA’s decision, you can seek a higher level review of your claim or have the decision appealed.
VA Disability Attorneys
Consider the assistance of a qualified VA disability attorney at any stage of the VA claims process. Friedman Law Firm firm specializes in assisting veterans with their initial claims and appeals. We can help you navigate this complex process and increase your odds of receiving the benefits you deserve.
Legal strategies to represent veterans
Friedman Law Firm utilizes many legal strategies to assist disabled veterans suffering from service connected conditions with their initial claims, increased ratings, or appeals.
Increased ratings
If you are already receiving VA disability benefits and your condition worsens, you may be able to seek an increase in your VA rating and an increase in monthly disability payments.
Secondary service connected conditions
Many veterans develop secondary conditions that stem from, or are worsened by an existing disability with a service connection. In these cases, disabled veterans can receive a combined VA disability rating for the service connected condition and the secondary condition if they can establish a connection between the two.
Individual unemployability
In some cases, veterans with secondary, or even multiple conditions, can achieve individual unemployability, also known as total disability individual unemployability (TDIU), which offers the same monthly compensation as a 100% VA rating, without actually achieving that number.
Appeals for veterans claims
If your VA claim has been denied or you received a disability rating that is lower than your condition warrants, you may want to consider an appeal through the Board of Veterans Appeals (BVA) to challenge the decision. There are many levels of the veterans appeal process that can be explored in order to win your well-earned disability benefits.
Since the Board of Veterans Appeals plays a significant role in this process, having specialized legal representation can greatly enhance your chances of obtaining VA benefits on appeal. An experienced VA disability lawyer will help ensure that the necessary evidence is presented and all deadlines are met throughout the appeals process.
Counsel Offered Nationwide: Veterans Disability Claims
Friedman Law Firm founder, Attorney Douglass I. Friedman
Our founding partner, attorney Douglas I. Friedman, has lectured, and published on many important veterans issues, including disabilities related to post-traumatic stress disorder (PTSD) and Agent Orange exposure. He is a sustaining member of the National Organization of Veterans Advocates, an organization equipped to help military veterans pursue their valid disability claims at all levels of the complex government VA system.
Since its founding, Friedman Law Firm has been committed to representing veterans at all levels of the disability claims and appeals process. Located in Birmingham, Alabama, Friedman Law Firm handles VA claims nationwide.
Friedman Law Firm - Veterans Disability Attorneys
Our veterans disability law firm is committed to providing personalized attention to our clients and is experienced in all aspects of the VA claims and appeals process. We prepare strong legal arguments that are essential to securing veterans benefits. Hiring an experienced VA disability attorney is crucial to successfully navigating the detailed complexities of obtaining disability compensation.
Our team has a high success rate in winning veterans disability cases. The VA disability attorneys of Friedman Law Firm are knowledgeable in all phases of the VA benefits process. We fight for the veterans compensation you are entitled to, including appealing a denied claim or requesting a hearing. Contact Us today at Friedman Law Firm. An experienced and caring attorney, knowledgeable in denied VA disability claims, will welcome your inquiry.