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How to Obtain Your Veterans Disability Benefits
As a veteran of our armed forces whether army, navy, coast guard, air force, or marine corp, you may be entitled to benefits including medical benefits, nursing home care, and aid and attendance, which includes compensation for assistance with daily living activities for you or your spouse.
Without an attorney who understands your rights and what you may be entitled to, the risk that your claim for veteran’s benefits will be denied and/or that you may not be aware of potential benefits to which you may be entitled drastically increases.
Common Disabilities Diagnosed in Veterans
- Unemployability
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- Psychiatric Disability
- Severe Back Injury
- Severe Head and Neurological Claims
- PTSD
- Sexual & Physical Assault
- Personality Disorders
- Gulf War Syndrome
- Death Benefits
- Accrued Benefits Claim
- 38 USC§1151 Claims
- Severe Heart Diseases
- Severe Pulmonary Disorders
Establishing a Claim for Veteran’s Benefits:
To be entitled to service-connected benefits, a veteran must prove that his disability was the result of military service or medical treatment by the VA hospital and was not the result of his own willful misconduct.
Understanding the Veterans’ Benefits Approval Process
Step 1
Apply at your local VA office. That office will issue a Ratings Decision.
Step 2
If you wish to appeal the Ratings Decision, you must file a Notice of Disagreement with your local VA office within one year. You will receive a Statement of the Case from the local VA office. You may submit additional evidence. After receipt of the additional evidence, the local VA office will issue a Supplemental Statement of the Case.
Step 3
If you wish to appeal the Statement of the Case or Supplemental Statement of the Case, you can appeal to the Board of Veterans Appeals or BVA. You can file the appeal through your local office and have the right to a hearing before the Board of Veterans Appeals. You must file the appeal within 60 days from your Statement of the Case or Supplemental Statement of the Case or one year from Ratings Decision. Following a hearing, the Board of Veterans Appeals can affirm the decision, remand it to the Ratings Officer for a new decision, grant benefits, or issue a final denial.
Step 4
If you receive a final denial, you can file suit in the United States Court of Appeals for Veterans’ Claims within 120 days of the Board of Veterans’ Appeals decision.
The Veterans’ Administration has a helpful pamphlet available to assist you in understanding the appeal process. A link to the pamphlet is here.
Call Today for a FREE Veterans Disability Benefits Consultation
Why Should I Hire an Attorney? Appealing a denied claim for disability benefits, death benefits or a disability rating increase is an overly complicated process, subject to thousands of pages or regulations and laws. Those who have been denied benefits are not expected to be able to comprehend all of these statues on their own. An attorney can help the claimant meet important deadlines outlined by these regulations, as well as gather additional medical records and documents to support their claim. Additionally, a veterans’ benefits attorney can help the claimant avoid mistakes which may unnecessarily delay their claim; even without complication, it takes several hundred days to receive a final decision.
To talk about your veterans’ disability benefits, your current disability rating, or what our lawyers can accomplish for you — call or contact us today for a free consultation with our veterans’ disability benefits attorney. All veterans’ disability and benefits cases are handled on a contingency fee basis. We receive no attorneys’ fees unless we are able to get your rating and your veterans’ disability payments increased.
