If you are suffering a disability or disease due to your military service, then you may be entitled to veterans benefits. We are working with some of the more experienced lawyers, who are helping service members whose VA benefits have been denied. Feel free to call us toll-free anytime or submit a contact form online.
According to government statistics, there are more than 21 million veterans living in the United States (i). Unfortunately, every year thousands of disabled American veterans and their families are denied government benefits even though they qualify. Our law firm can evaluate your claim and we work with VA lawyers who can help you take the next step in appealing the denial of your claim.
Military Service Injuries
The men and women in our armed forces are put through rigorous training in order to serve all around the world. Unfortunately, service members often suffer injuries while training or serving on a tour of duty. In many cases, these physical and mental injuries are disabling. Former members who have become partially or totally disabled as a result of their military service are entitled veterans benefits. If you served our country and suffered one of the following conditions, you may be entitled to VA benefits.
- Post-traumatic Stress Disorder (PTSD)
- Gulf War Syndrome
- Scarring or Disfigurement
- Back and Spinal Cord Injuries
- Head and Neck Injuries
- Traumatic Brain Injury (TBI)
- Exposure to Chemicals or Other Toxic Substances
- Heart Problems
- Amputations/Loss of Limb
- Other Serious Injuries
Applying for Veterans Disability Benefits
VA disability benefits provide injured service men and women with monthly payments based on the degree of their disability. Higher degrees of disability result in higher monthly payments. Additionally, this money is not taxable. In order to qualify you must meet the following requirements.
- Veteran or active service member with an impending discharge
- Suffered a disease or injury during service
- Currently diagnosed with a disability or disease
- This injury must be “service-connected” ie. there must be a relationship between the military and the injury
To apply for these benefits, you should complete and submit an application to the U.S. Department of Veterans Affairs. After an application is properly filed, the VA will make a determination as to whether your claim is approved or denied. If the VA approves your application, it will assign you a disability rating between 10% and 100%. The amount of your payment will depend on the rating you are assigned. An application can be based on the any of the following claims.
- Pre-Discharge Claims
- Claims Based on Pre-Service Disabilities
- Claims Based on In-Service Disabilities
- Claims Based on Post-Service Disabilities
- Claims Based on Special Circumstances
If are already receiving benefits but your disability or disease has worsened you may be entitled to receive more money. In order to receive these payments you will need to file a claim for an increased disability rating.
Types of Military Benefits
You and your family may be entitled to a range of benefits depending on your situation. And, you can still receive these payments even if you are working or receiving Social Security. If you have been denied any of the following payments, you may want to talk to a lawyer about appealing your denial to Veterans Affairs.
- Education and Training
- Home Loan
- Life Insurance
- Survivor Benefits/Dependency and Indemnity Compensation
Veterans of Operation Enduring Freedom and Operation Iraqi Freedom
Afghanistan veterans and Iraq veterans may have been exposed to conditions which may have permanently damaged their lungs. Specifically, burn pits were setup near several military bases exposing service members in the surrounding areas to toxic substances. According to The New York Times, “every conceivable type of waste was piled high in the pit – plastics, batteries, appliances, medicine, dead animals, even human body parts – and burned, with a dousing of jet fuel.” Many soldiers claim the particulates released by the burning waste have caused serious damage to their lungs. Disabled American Veterans stated that it has been contacted by more than 500 veterans who believe their illness was caused by burn pit exposure. Read the news article here. Common respiratory problems resulting from this type of exposure include the following.
- Decreased Lung Capacity
- Sleep apnea
- Chronic Bronchitis
- Chronic Obstructive Pulmonary Disease
- Early death
Do You Need Legal Advice Regarding the Denial of Your Claim?
If you or a loved one has been denied veterans benefits, then you should talk to a lawyer about your rights. An attorney can help you establish that your injury was caused or aggravated by your service. Oftentimes a claim will be denied because the VA believes an injury was caused by a secondary, non-service related incident. This is type of denial is common among mental health issues such as post-traumatic stress disorder (PTSD). An attorney may also be able to prove that you qualify for a higher disability rating. Our law firm works with veterans benefits lawyers, who can help you through the complex process of securing your VA benefits.
- (i) Vet. Pop. By Age and Gender.