Nationwide Veterans Disability Lawyers
U.S. veterans have a right to obtain disability benefits from the Department of Veterans Affairs (VA) if they are injured during military service. Unfortunately, the process can be confusing, time-consuming, and frustrating. Contact the veterans disability lawyers at Tuley Law Office today to get started on your claim!
VA Benefits Eligibility: Who Is Eligible for VA Benefits?
Eligible veterans may qualify for one or many of the benefits offered to them as members of the United States military: educational benefits, tax deductions, employment opportunities, the Military Family Relief Fund, and more.
Due to the injury that resulted from their service, disabled veterans can also qualify for ongoing benefit payments from the Department of Veterans Affairs (VA). Your eligibility will depend on the type of benefit, the severity and nature of your injury, and in some cases, your available resources.
Different Types of VA Benefits and Compensation
VA Disability Rating & Benefits
If you are a U.S. military veteran dealing with a service-related injury, you may qualify to receive monthly payments through the VA. Veterans disability benefits are tax-free and paid to those who have injuries or disabilities sustained while on active duty or made worse by active military service.
To qualify for disability benefits from the VA, you must meet certain requirements. The basic requirements when applying for disability include the following:
- Applicant must have been on active duty
- Applicant’s disability must have been caused by military service, or disability was aggravated by military service
The amount of your VA disability benefits is based on the severity of your disability. Those struggling with several disabilities or impairments may receive a higher “rating,” resulting in larger benefits. However, multiple impairment ratings are not cumulative.
In other words, if you have two impairments, each rated at 20 percent, this does not automatically mean your rating will be 40 percent. Total and permanent disability benefits are reserved for veterans who are considered 100% disabled by the VA. To get and keep this rating and its benefits, you may need the help of a VA disability lawyer.
VA Survivor Benefits
Spouses and dependents of deceased veterans may be eligible for survivor benefits, including health care, life insurance, and tuition reimbursement. Some programs may only apply to low-income families, while others depend on the veteran’s service-connected disability status.
Dependency and indemnity compensation (DIC) is a tax-free monthly benefit for eligible survivors of veterans who died from a service-related injury or illness. Benefits and qualifications vary for surviving spouses, children, parents, and other dependents. The veterans disability attorneys at Tuley Law Office can help determine whether you qualify.
VA Back Pay
Depending on several factors, the VA can often take months or years to grant benefits. VA disability back pay is the money the VA owes a veteran from the date they became entitled to compensation (what the VA calls the “effective date”) to the date the VA granted the veteran’s claim. The longer you wait for a decision, the more back pay you will be owed. A skilled veterans benefits attorney at Tuley Law Office may be needed to move the process along.
How to Prove VA Service Connection for Disability Claims
Service-connected disability occurs when a veteran’s disability stems directly from military service. Your ability to prove a service-connected disability should be easy for the VA to determine based on evidence.
Service-Connected Disability
In order to qualify for benefits due to a service-connected disability, the following factors must be present:
- You have served on active duty and have proven the disability was caused while on active duty, OR
- Have been injured while serving in the military and can link the injury to your disability, OR
- Have had an illness or injury, and serving worsened your condition, OR
- Have a disability related to active duty that did not appear until your service ended.
Presumptive Conditions
Conditions that have already been associated with military service in the past are recognized as Presumptive Conditions. If you have a presumptive condition, you need to provide proof of your qualifying military service and that you have the condition for the presumption to apply.
There are three categories of presumptive conditions:
- A chronic illness that manifests within one year after military discharge
- An illness caused by toxic chemicals, contaminants, or other hazardous materials
- An illness caused during time spent as a prisoner of war (POW)
If you’re having difficulty finding your medical records or proving a link between your service and your disability, a skilled veterans benefits attorney at Tuley Law Office may be able to help build your case.
Common Reasons for Denials
If your claim for veterans benefits has been denied, it may be for one of several common reasons:
- Paperwork errors. Missed deadlines, incorrect forms, and other filing errors can cause delays at best and outright denials of valid claims at worst.
- Insufficient medical evidence. The VA may believe your injury isn’t debilitating enough to prevent you from earning a living.
- Insufficient evidence of service connection. You may not have trouble proving your disability exists, but linking it to your service is more difficult. Without a clear chain of evidence, the VA may believe your condition to be pre-existing or to have occurred after your service ended.
If you receive notice that your VA claim for disability benefits was denied, an experienced Veteran’s disability attorney at Tuley Law can assist you throughout the legal process of an appeal.
Appeal or Change a VA Disability Rating
When and how to file an appeal on a denied claim depends on several factors, including when the original claim was filed, whether your claim falls under the “legacy” claims process or the recent Appeals Modernization Act, what kind of evidence supports your claim, and whether additional evidence or expert statements are needed.
Receiving a denial can be frustrating, but it doesn’t have to be. Our VA disability team can examine the reason your claim was denied and advise you on the best way to proceed. We can also help veterans apply for a VA disability increase. Contact the veterans benefits attorneys at Tuley Law Office today for a no-cost case evaluation.
Reach Out to Our Veterans Disability Attorneys at Tuley Law Office
If you or a loved one are a United States veteran seeking benefits, contact the veterans disability attorneys at Tuley Law Office. Our firm is based in Indiana, but we serve veterans all across the United States. Call (812) 434-1936 today for information on the benefits you deserve.
Have questions about your veterans disability case?