The prospect of applying for Veterans’ disability benefits is daunting. The application can require extensive paperwork, medical evaluations, and evidence to prove that you have an adverse physical health condition.

If you are concerned about whether you can receive disability benefits or have questions about the process, you should speak with a compassionate Veterans’ disability claims attorney who understands the intricacies of these legal matters. Schedule a free consultation today to discuss Charleston Veteran’s physical condition claims.

Physical Condition Must Have Connection to Service

To qualify for disability benefits, a Veteran must first file a claim with the U.S. Department of Veterans Affairs (VA). Veterans are eligible to receive benefits if they have an existing service-connected injury or illness.

Examples of physical conditions that could allow a Veteran to qualify for disability benefits include the following:

  • Lumbar Spine
  • Knees
  • Ankles
  • Cervical Spine
  • Plantar Fasciitis
  • Traumatic brain injuries
  • Other Conditions that limit a person’s ability to use his or her limbs or impact their range of motion

A Veteran’s application must provide evidence of a service-connected injury or illness. For physical conditions that occurred during active duty, a Veteran would file an in-service disability claim.

In addition, he or she could pursue benefits for service-connected injuries or illnesses that existed before their service if the condition was made worse during it. This is considered an aggravation disability claim.

If the condition did not manifest until after the completion of service, known as a post-service disability claim, a Veteran can still file. However, they must provide evidence that this condition was connected to their service time.

How the VA Assigns Disability Ratings for Physical Conditions

Veterans in Charleston are required to provide supporting evidence or submit to additional health evaluations when applying for a disability claim due to a physical condition. After applying, the VA will assign a disability rating based on the evidence submitted.

The disability rating is expressed in percentage terms and represents the severity of a person’s condition. It also impacts the amount of compensation an individual is qualified to receive, and his or her eligibility for other benefits. Examples of documentation that a Veteran can submit to support their physical condition claim include:

  • VA medical and hospital records
  • Medical records from a private health facility or doctor
  • Supporting statements from family, friends, or Veterans with whom they served

If a Veteran suffers from multiple physical conditions, the VA has a combined rating process to determine the appropriate level of compensation to award. The Fight4Vets Veteran disability calculator can provide some insight into how much a person might be expected to receive.

Veteran’s Options After a Rejection

A Charleston Veteran should maintain hope if he or she is dissatisfied with the result of their physical condition claim or if it is rejected. The VA has multi-layered appeals process to allow for reconsideration of a claim.

The first option is for a Veteran to file a supplemental claim to appeal the decision. This allows him or her to introduce new relevant evidence. In addition, they can appeal the decision through a supplemental claim if a change in law occurred that could impact it.

A Veteran can also pursue a higher-level review where they present an appeal in an informal conference with a more experienced reviewer, although the applicant cannot introduce new evidence.

If this is unsuccessful, a Veteran can appeal the decision to the Board of Veterans’ Appeals, requiring them – and an attorney – to present a case to a Veterans Law Judge at an in-person hearing or via videoconference.

Speak with a Charleston, WV Attorney About a Veteran’s Physical Condition Claims

If you are considering applying for VA disability benefits or have already initiated the process, it is not too late to consult a reliable Charleston, WV lawyer about Veteran’s physical condition claims.

Navigating the process without legal counsel can lead to delays and mistakes on your application. Schedule a free consultation with a knowledgeable Veterans’ disability attorney who can provide the thorough legal counsel you need.

Fight 4 Vets
  • Charleston, WV
    Jan Dils Attorneys at Law
    United Center | 500 Virginia St. E.
    Ste. 710

    Charleston WV   25301