Many veterans complete their military service only to find that they now have mental and physical disabilities due to their service. Recognizing the need to provide for these veterans, the federal government enacted a system of disability benefit payments. These benefits, overseen by the Department of Veterans Affairs (VA), can have a tremendous positive impact on a vet’s life. Unfortunately, these claims are occasionally denied for avoidable reasons.
To ensure you obtain the benefits you are entitled to, the guidance of a seasoned lawyer is crucial. The right legal counsel could advise you on the benefits you are eligible to pursue and assist you throughout the process. Let a veterans’ disability claims lawyer assist you in your efforts to recover these benefits.
Not every veteran is entitled to compensation, and not every injury or illness will result in a successful disability claim. A veteran must establish various factors before the VA will grant their claim. Fortunately, an attorney could help a veteran pursue a disability claim from start to finish.
The first step is establishing that the veteran has a current, diagnosed disability. Disabilities incurred in service that have since healed with no residual symptoms will not qualify. This diagnosis must come from a doctor or other qualified healthcare professional.
The second element requires the claimant to show that some form of injury, event, or illness occurred during their active military service. This could include anything from a combat injury to a training accident while on base.
It is not enough to show that some sort of injury or event occurred. The claimant must also establish a “nexus” between the event and their current disability. This could involve a medical professional determining that the disability resulted from the claimant’s active military service.
If a claim for veterans’ disability benefits is successful, it may result in a direct cash payment to the claimant on a monthly basis. The monthly payment amount will depend in part on the claimant’s “rating.” The rating is an estimated percentage of the severity of a disability. The higher the rating, the more benefits that a vet might be able to receive. An attorney could assist a veteran is obtaining an accurate rating for their disability claim.
Not every claim for benefits goes smoothly. The VA is known for rejecting claims even when they result from a genuine service-related disability. The good news is that a denied disability claim does not mark the end of a veteran’s opportunity to obtain financial benefits. Denials can occur for a number of reasons, including technical errors, lack of medical records, or no clear nexus linking the disability to service. A lawyer who is familiar with veterans’ disability claims could help someone navigate the potential legal obstacles they encounter while trying to obtain their benefits.
If you are considering filing a VA disability claim, it is in your best interest to first speak with an experienced attorney. Your attorney could review your case and advise you on any potential roadblocks you might face. Let a veterans’ disability claims lawyer help you prepare your case and advocate on your behalf. Call today to get started.