Servicemembers have given a lot to our country, and occasionally they come back home with war wounds or illnesses due to their service. If you are wrangling with the physical or psychological challenges related to your service-connected injury, you are eligible for disability compensation from the Department of Veterans Affairs (VA).

Navigating the military benefits system to apply for benefits or appeal a denial can be frustrating if you are unfamiliar with how it works. Even the VA knows a lawyer will be helpful because it regulates those who represent Veterans under 38 Code of Federal Regulations § 14.636. For experienced advice about your government claim, contact a Marietta Veterans disability lawyer.

Qualifying for Veterans’ Benefits

Veterans must meet conditions set forth by the VA to be eligible for benefits. Notably, you must experience an injury or disability that is service-connected. Proving a disability becomes tricky when the VA says the illness or injury must originate during active duty but the disability is manifesting itself years later. Other conditions of benefits include:

  • With minimum exceptions, a Veteran must be discharged honorably
  • The Veteran’s illness or injury cannot be due to his/her own misconduct unless another service-related disability exacerbates it, such as post-traumatic stress syndrome (PTSD)
  • The Veteran must currently be suffering a disability caused by an illness or injury attributed to their military service
  • If the Veteran wishes to get benefits for a pre-existing condition, it must have worsened because of military service

Veterans must prove the disabling condition arose from military service before the VA can decide on the level of disability, which impacts the monthly disability payments and whether additional benefits are available to the family. A Marietta Veterans disability attorney can gather the evidence needed to get the claim approved.

What Evidence Does the VA Need?

The first piece of evidence you will need to provide is the DD214 or other discharge papers.

Evidence that the illness or injury occurred while in military service is also crucial. For instance, proof that you were stationed in Vietnam at the time Agent Orange was deployed may suffice if you are experiencing the typical effects of exposure. Although records may be difficult to access, our Veterans disability attorneys in Marietta are familiar with the channels that can provide this information.

You will also need a physician’s current diagnosis of the service-related condition and an opinion that the current disability is linked to a service-related event. The VA can schedule a Compensation and Pension (C&P) examination at the VA Marietta Community Based Outpatient Clinic, or another location closer to you, to evaluate the link between the disability and military service. You can also consult your family physician to obtain the opinion.

The Veteran Disability Rating

Once a military disability connection is made, the VA uses mathematical calculations to assign a disability rating from 0 to 100 percent disabled. If the disability rating is at least 30 percent, benefits may also be available for qualifying family members, including spouses, minor children, children up to age 23 who are in school, and dependent parents.

Once you claim is finally approved, you will receive a monthly check to compensate you for being unable to work full-time, and for medical and rehabilitative care. You can get an estimate of your monthly benefits with our online calculator.

Prepare for Your Future With a Marietta Veterans Disability Attorney

You bravely risked your life to serve your country and every American owes you their gratitude. Our VA-accredited attorneys believe you are owed even more. The country you protected should protect you if you cannot work full-time because of military-related injuries or illness.

You are entitled to disability benefits that fills in what you are unable to earn. You are also entitled to medical and rehabilitative care, whether it is recurring treatment for nerve damage or for PTSD from your time in combat. Do not let the confusing process prevent you from getting what you are owed. Call a Marietta Veterans disability lawyer to set up a free consultation and learn what your next steps are.

Fight 4 Vets