When you are a Veteran injured during your service to your country, you are likely entitled to government-provided benefits that include monthly, tax-free payments and comprehensive healthcare.
The Department of Veterans Affairs (VA) oversees the benefits process, and it may seem straightforward, but is often fraught with complications, deadlines, surprise denials, and a months-long waiting period. For help in applying for benefits or appealing a denied claim, contact a Fayetteville Veterans’ disability lawyer. Our VA benefits attorneys can represent you no matter where you live in the country.
Veterans must meet two criteria for benefits eligibility. First, servicemembers who were on active duty, including for training, or on inactive duty training, must currently be suffering from a condition of the body or mind.
Second, servicemembers must establish a nexus between military service and the injury or illness currently manifesting itself by proving it was contracted during military service, made worse during service, or is related to a current condition but did not manifest itself until after discharge.
Some conditions are presumptive, which means the VA will automatically presume they are service related. These include chronic illnesses apparent within one year after discharge from the military, illnesses associated with toxic chemicals or materials such as Agent Orange, or illnesses Veterans who were in contact with particular matter. While many of those claims can often get approved without help, certain other conditions might require a legal professional’s input and experience. Our VA-accredited attorneys do not maintain a physical Fayetteville, NC office but can represent Veterans nationwide and are available to discuss servicemembers’ eligibility for disability benefits.
Both physical and cognitive conditions qualify for disability benefits. Some can be definitively linked to service. Other conditions that qualify and may require extra documentation include (but are not limited to):
The VA can authorize monthly, tax free, disability payments and comprehensive medical care. Veterans may also be eligible for housing vouchers, nursing home care, and job training. Our attorneys can assess a claim for Veterans anywhere in the country, including Fayetteville, establish evidence that a medical condition is service-connected, and take the necessary steps to get a claim approved.
About one-third of Veteran benefit claims are initially denied, usually for failing to provide evidence that the illness or injury is directly related to military service. Appeals were streamlined under the Veterans Appeals Improvement and Modernization Act in 2019. Veterans can file a supplemental claim to disclose additional and newly discovered crucial evidence to support a claim.
Higher-level reviews are also available to Veterans when it appears a more experienced reviewer may provide a more accurate assessment over a less experienced one, although no new evidence will be assessed.
Veterans can also request a board appeal involving a Veterans Law Judge who can directly analyze the claim, review newly discovered information, or preside over a hearing with the Veteran and his or her attorney.
The U.S. government revamped the process for Veterans to apply for and receive disability benefits, but denials are still common, and the process is still difficult to navigate. You must prove your condition is service-related, and although you have options to appeal if you are denied, handling an appeal requires a unique skillset.
Our VA-accredited attorneys represent Veterans nationwide who are seeking disability benefits. We understand exactly what the VA is looking for when you file a claim and can identify the evidence to support its success. A Fayetteville Veterans’ disability lawyer advocates for you – call us today for a free evaluation.