The Department of Veterans Affairs (VA) provides financial benefits to those suffering from a physical or mental condition that is a result of their active military service. Therefore, if you are living with one of these conditions that resulted from your active military service, you could be entitled to benefits.
While these benefits are generous, the reality is that the VA routinely denies claims that are based on real disabilities. To avoid a denial or pursue an appeal, it is vital for you to find the right attorney. A veterans’ disability lawyer from our firm has the experience and skill required to maximize your chances of a successful claim.
For many veterans, a VA disability claim starts with an in-service event, injury, or illness during their active service. While many claims do involve injuries in combat or during training, there are other instances that can result in a successful claim.
The most common type of disability claim is a direct claim. These are claims with a current diagnosis and a nexus linking it to an injury or event in service. For example, a veteran who injures their lumbar spine during service in a parachuting accident, is continuously treated for their lumbar spine after discharge from the military, and has an opinion attributing their current diagnosed lumbar spine condition to the injury they suffered during active duty would qualify for disability benefits.
Other types of claims involve conditions that have developed as a result of or were made worse by another, existing service-connected condition. For example, a veteran has a service-connected right knee injury which causes them to overcompensate with their left knee. Although their left knee was not injured during service, service-connection may be established if the left knee becomes injured as a result of the right knee condition.
Finally, a disability claim could be viable for combat veterans who develop mental disabilities due to an event they experienced during their active military service. A lawyer could aid a veteran in filing their disability claim based on the specifics of what led to their condition.
If a claim is successful, the amount of compensation will depend on the condition’s disability rating. The VA reviews the documentation, including any relevant medical records, then assigns a rating to the injury or illness depending on the severity of the disability. The less severe the disability, the lower the percentage. A lower-rated injury results in smaller benefit payments. It is important to note that the VA assigns a rating to every condition deemed service-connected by a servicemember. An attorney could help a veteran determine what disability rating the VA may give their various conditions.
Your attorney could have a tremendous impact on every phase of your VA disability claim. Their work starts with investigating your disability and filing your claim. In case of a denial, your attorney could also assist with an appeal. Let one of our dedicated veterans’ disability lawyers help you prepare for the claims process. To learn more, call today.