Many veterans leave the armed services with severe injuries, permanent disabilities or psychological problems that make it difficult to work and support their families. That is why the Department of Veterans Affairs (VA) offers disability benefits to help former service members cope with their injury.
The problem is that applying for veterans’ disability benefits is an extremely lengthy and complicated process that leaves many veterans and their families feeling overwhelmed. That is why many veterans look to a Hinesville veterans’ disability lawyer for help.
The Hinesville veterans’ disability lawyers at the Nye Law Group know how to navigate the benefits process because we have helped many veterans get the compensation they need to manage their health issues and move forward with their lives.
Contact us today to set up your 100-percent free consultation to discuss your legal options.
Call us at 855-856-4212 or fill out a Free Case Evaluation form.
Eligibility for Benefits
Veterans come home with many different injuries, from spinal cord injuries to amputations and traumatic brain injuries. However, veterans are eligible for disability benefits only if they meet two qualifications:
- They suffered an injury or contracted a disease during their time in the armed forces
- Their injury or condition was directly related to their service
The toughest part about getting disability benefits is proving that you suffered the injury while you were serving in the military. It can be difficult to obtain medical evidence of a connection between your injury or disability and your service.
Soldiers who were badly injured will have a much easier time proving that connection than soldiers who were exposed to hazardous chemicals, like Agent Orange, and became injured months or years after their service. Service members with mental health conditions, such as post-traumatic stress disorder, may also have a tough time proving the connection.
That is why you need a team of skilled attorneys to help you build a compelling claim that has the best chance of being approved. Our experienced Hinesville veterans’ disability lawyers will help you compile medical records and other important documentation showing a strong connection between your injury and your service.
Learn more about how we can help by filling out a FREE Case Evaluation form.
Obtaining a Discharge Upgrade
Another issue that could prevent you from qualifying for benefits is the type of discharge you received from the military. If you received anything less than an honorable discharge, it could limit your benefits or prevent you from receiving benefits at all.
Fortunately, you can file an Application for Review of Discharge with the Discharge Review Board (DRB). The board has the power to change the reason for your discharge and upgrade undesirable discharges.
In order to change your discharge, you will have to show that the discharge was factually incorrect or out of line with policies and traditions of the service.
Our knowledgeable Hinesville veterans’ disability attorneys can help you complete your application and make sure it provides strong reasons why your discharge should be upgraded.
Contact us now to find out how we can help you.
Rating Your Disability
The amount of disability benefits you receive will depend on your disability rating, which is a measure of your percentage of disability. Applicants can be rated anywhere from 10 percent to 100 percent disabled and the rating takes multiple conditions into account.
You can receive between $129 to $3,000 per month depending on your disability rating and the financial needs of any of your dependents.
The VA puts a lot of weight into your disability rating so it is very important to provide a comprehensive medical report showing exactly how your disability affects you and your ability to perform everyday activities.
The Nye law Group’s Hinesville veterans’ disability lawyers will help you compile all of the important information about your disability so you can get the most accurate rating for your injuries.
Contact us by calling 855-856-4212 to discuss your veterans’ benefits claim.
Benefits When a Veteran Dies
Unfortunately, veterans sometimes die because of an injury or disability that occurred during their time in the armed forces.
However, surviving family members may be able to receive benefits if they meet certain criteria. For instance, surviving spouses and children could be eligible for Dependency and Indemnity Compensation (DIC).
Surviving spouses qualify if they were:
- Married to a veteran who died on active duty
- Married to a veteran for at least one year
- Married to a veteran within 15 years of their discharge from the armed forces
Surviving children who are not married, are under the age of 18 or are between ages 18 and 23 and going to school, and are not part of a surviving spouse’s application for DIC could receive this form of compensation.
There is also a Survivors Pension Benefit for surviving spouses and children. However, spouses and children qualify only if their family income is below a certain level and they meet other requirements.
Meanwhile, biological, foster or adoptive parents of deceased veterans may be eligible for Parents’ Dependency and Indemnity Compensation.
For more information on all of these and other benefits for surviving family members and dependents, visit the VA website.
Contact our attorneys today to at 855-856-4212.
Extra Benefits for Military Retirees
Since the laws changed in 2004, military retirees have been able to receive disability compensation while also receiving their retirement benefits. However, military retirees must choose one of two options:
- Combat Related Special Compensation: Retirees who have a disability rating between 10 percent and 40 percent are eligible for this type of compensation. Your retirement pay will be offset by the amount of disability compensation you receive. The advantage of having disability compensation is that it is tax-free.
- Concurrent Retirement Disability Pay: Retirees must have a disability rating of 50 percent or higher. If you qualify you can receive your full retirement benefits and your full disability benefits.
Our skilled attorneys will help you choose the best option for you. We want you to have the financial compensation you deserve to provide for yourself and your family.
Complete a Free Case Evaluation form right now.
Filing an Appeal if Your Initial Claim is Denied
Veterans’ disability benefits claims are often denied for something as simple as one small error or discrepancy on an application. You could also be approved but receive less benefits than you think you are entitled.
Fortunately, you have the option to appeal a denial for any reason, even if the VA decides that your injury did not occur during your time in the military.
However, appealing a denial can take several months and even years of battling back-and-forth with the Board of Veterans Appeals. The process begins with sending a legal Notice of Disagreement to the board, which will respond with further explanation of why you were denied. Then you have to fill out a substantive appeal form and you may need to have face-to-face meetings with VA officials.
Our Hinesville veterans’ disability lawyers have been through this process many times and know what it takes to be successful. We can help you draft the different documents you will need and even represent you at meetings with VA officials.
We will compile as much evidence as we can to show how your injury is affecting your life and that it occurred during your service. We want you to get the maximum amount of benefits you can, given your injury.
Fill out a Free Case Evaluation form or call 855-856-4212 to set up your free, no obligation consultation.
Consulting a Hinesville Veterans’ Disability Lawyer
Veterans are heroes who have sacrificed and provided a tremendous service to our country. Many return home with severe injuries and disabilities that they will have to deal with for the rest of their lives.
Unfortunately, obtaining disability benefits from the VA has become an arduous and extremely complicated process that can be hard for disabled veterans to handle.
The Nye Law Group’s Hinesville veterans’ disability lawyers want to do our part to help these heroic men and women get the financial help that their families need. We have the skill and the knowledge to guide you through every step of the process.
You have bravely served our country and now we would like to serve you in your life outside of the armed forces.
Call our skilled attorneys today at 855-856-4212.