SHOULD YOU FILE A CLAIM?
Let Us Review Your Claim at No Cost
Working with an experienced veterans disability attorney can help you get the benefits you deserve. Even if your claim has been denied - we may be able to get a review and appeal the decision. Fill out the form or call a fellow veteran to find out if we can help.
OUR VA PROCESS
Getting Through Red Tape Together
Getting your benefits approved can seem like a hard and complicated process. We work with you through each stage, explaining what is happening, and following up to ensure that you understand the process and where you are in it.
Getting to know you
In this stage we meet with you, get all the information you have and all the facts about the case through our intake process. An attorney will review your case and if you have an actionable error, we will accept the case and represent you.
Getting to know your case
2. INFORMATION GATHERING
During this phase, we will sign a representation agreement with you and get all the permission we need to get your files from the VA. We will collect all the information you have and all the information that the VA or your old unit has. This will allow us to build your case and collect evidence to prove your disability.
Packing the box
3. BUILDING THE CASE
The VA claims reviewer can only respond to the information they are provided in a comprehensive fashion. We take all the information we have collected in Phase 2, combine it with the regulations provided by Congress (30 CFR), present the evidence, and prepare a filing to send to the VA.
Presenting your case
4. SUBMIT THE CASE / APPEAL
Once all the information and evidence has been collected, and prepared, we create a brief that highlights the strength of your case and submit it to the VA. We also include evidence that undermines any reasons the VA gave you for denying an initial claim and present medical and historical evidence for why your claim should be granted.
The Answers You Need
What Qualifies a Veteran for Disability?
Per the Department of Veterans Affairs, in order to qualify for a disability a veteran has to meet two basic criteria –
The veteran has to have served on active duty. How long and for what are not important. What is important is that the veteran served on active duty. Reserve status gets a little trickier, but it is important to remember that if you were called to active duty for a mission, in support of a mission, or for training (including your two weeks of reserve drilling) that counts towards active-duty time.
You have to have gotten sick or injured during your time on active duty and are able to link the sickness or injury to your service. In addition, if you had a preexisting condition which was made worse by your active-duty service this also counts. Finally, you can meet this criterion if you have a disability that manifest after your active-duty service but can be related to your service by evidence.
There are also a number of conditions that the VA labels as “presumed disabilities” and if you have these you are also potentially eligible for disability payments.
How long do veteran disability benefits last? Are VA disability payments for life?
Veteran disability, once granted, generally last for the life of the veteran. The VA does however reevaluate veterans disabilities from time to time and can increase, reduce, or terminate a veterans benefits based on their findings. Learn more about how long veterans disability benefit last by clicking here.
What is 100% Disability?
The Department of Veterans Affairs evaluates the severity of a veteran’s disability in terms of a “rating.” This rating takes into account the severity of the disability and how it impacts the veteran’s ability to perform everyday functions. Depending on the severity of the disability the rating goes up or down. For example, a veteran who is unable to walk might be rated 100% disabled because of the severity of the impact that the disability has on their life. On the other hand, a veteran with a hearing disorder might be rated 30% disabled.
It is important to know that the VA combines different conditions to come up with a single disability rating but uses a complicated formula to determine the final disability rating. You can read more about the VA’s fuzzy math, here. However, every condition and connected condition is worth exploring to determine whether it is qualified as a disability and if the VA will rate it.