United States veterans provide a tremendous service to our country and when that service causes them to be permanently disabled or to suffer severe injuries, they should receive disability benefits to help them manage their health problems and support their families.
Unfortunately, the process of applying for benefits from the Department of Veterans Affairs (VA) has become extremely difficult and time consuming. Many initial claims are denied, forcing veterans to go through a lengthy appeal process if they want to obtain benefits.
That is why veterans need an experienced Savannah veterans’ disability attorney to help them through the process so they do not get overwhelmed. The Nye Law Group’s Savannah veterans’ disability attorneys offer a free initial consultation and we do not charge legal fees unless we are successful.
We will work tirelessly to ensure that you receive any benefits you are entitled for the injuries you suffered in service to our country.
Contact us right now by calling 855-856-4212 to schedule your free consultation.
Qualifying for Veterans’ Disability Benefits
Qualifying for disability benefits is much more difficult than simply providing documentation of an existing injury or disability. You must also show proof that the injury occurred or became aggravated during your service and that it caused your current disease or disability.
This can be especially difficult if you became disabled months or years after your service ended, which is often the case with veterans who became injured from hazardous chemicals, such as Agent Orange, or those with post-traumatic stress disorder.
You need an experienced legal team to compile the necessary medical evidence showing that the injury happened during your service. Our Savannah veterans’ disability attorneys have been through this process many times and we know exactly how to obtain the documentation you need.
Our helpful attorneys can guide you through every step in the process, from your initial application through your appeals if you get denied.
If you do not qualify for disability benefits because of the type of discharge you received from the armed forces, you can apply for a discharge upgrade from the Discharge Review Board (DRB).
You must file an Application for Review of Discharge from the Armed Services of the United States, which shows why your discharge was “inequitable” or “improper.” An improper discharge is one that was not consistent with the law or was factually incorrect. An inequiptable discharge means that it was inconsistent with policies and traditions of the service.
Our attorneys will make sure that your application is as thorough as possible so that you have the best chance to receive an upgrade. We know that the VA is very detail-oriented, and that is why we carefully review all documentation to avoid small errors and discrepancies.
Contact The Nye Law Group to find out exactly how our attorneys can help you.
Appealing a Denial of Benefits
If your claim is denied, there is still hope of obtaining benefits because the VA allows you to appeal a denial for any reason. However, you must file a Notice of Disagreement with your local VA office within one year of the denial.
If the VA upholds the denial after your appeal, you have 60 days from the date the VA mailed the second denial to file another appeal. This next appeal is handled by the U.S. Court of Appeals for Veterans claims.
If you are denied again, you have the option of appealing to the U.S. Court of Appeals for the Federal Circuit and you could take your case all the way to the Supreme Court.
Appealing a denial of benefits could take anywhere from a few months to several years. This can be a lot to handle for veterans who are dealing with severe injuries or disabilities while trying to support their families.
A knowledgeable Savannah veterans’ disability attorney can take some of that burden off or your shoulders and provide the care and attention-to-detail that your claim requires.
Our skilled attorneys can help compile all of the evidence and documentation you need and make sure any forms are filled out to the satisfaction of VA officials. We can also act as legal counsel if you have to have face-to-face meetings with VA officials.
Our goal is to help you obtain the maximum benefits you are entitled so you can take care of yourself and your family.
Call 855-856-4212 for a free consultation.
Amount and Type of Disability Benefits You Could Receive
The VA offers various types of disability benefits, including:
- Disability compensation – This is the standard type of compensation.
- Special monthly compensation – This is reserved for special circumstances as it is a higher rate of compensation.
- Special compensation – This pays for aid from another person.
If you are a military retiree, you may be eligible for two other types of compensation:
- Concurrent Retirement Disability Pay – This is reserved for military retirees who have a 50 percent or higher disability rating.
- Combat Related Special Compensation – This is for military retirees with a combat-related disability that is lower than 40 percent but higher than 10 percent.
It is possible that you qualify for both of these types of compensation, but the VA will only allow you to receive compensation from one of them.
The most important factor in calculating the amount of compensation you receive is your disability rating, which can range from 10 percent to 100 percent disabled. That is why you need comprehensive medical documentation describing all of the ways that your disability affects you on a daily basis.
Fill out a Free Case Evaluation form to see how our attorneys can help you.
Benefits for Surviving Family Members
If your loved one died as a result of an injury or disease that was contracted during service, you could be eligible for various benefits depending on your relationship to the veteran and other factors.
Parents of veterans who died during service or from a service-related injury or disease may be able to receive Parents’ Dependency and Indemnity Compensation. This benefit is open to biological, adoptive or foster parents of deceased service members.
Surviving spouses may be eligible for Dependency and Indemnity Compensation (DIC) if they:
- Were married to a service member who died on active duty
- Married a veteran before Jan. 1, 1957
- Were married to the veteran for one year, at the least
- Were married to the veteran within 15 years of discharge
Spouses can also qualify if they had a child with the veteran, are not remarried and lived with the veteran until the veteran passed away.
Surviving children can receive DIC if they meet all of these criteria:
- They are not married
- They are under 18 or between age 18 and 23 and attending school
- They are not included on a surviving spouse’s DIC
Adopted children may also qualify as long as they meet all of the other requirements.
Surviving spouses and children may also be eligible for a Survivors Pension Benefit if their yearly family income is below the level set by Congress for this benefit, and if other criteria are met.
For instance, children qualify if they meet the same criteria used for DIC benefits or if they were diagnosed with a disability before the age of 18 that prevents them from supporting themselves. Spouses who did not get remarried can qualify for the pension at any age.
Contact our attorneys today at 855-856-4212.
Savannah Veterans’ Disability Attorneys Ready to Assist You
Veterans have done so much for our country and our caring attorneys want to help them as they try to obtain compensation to help them with their disability.
We want to serve as your guide through this arduous process so you do not miss out on compensation because of small errors or discrepancies and so you get the maximum compensation you are entitled, given your disability.
The Nye Law Group’s Savannah veterans’ disability attorneys have been helping veterans obtain benefits for many years and we know what it takes to be successful.
Take advantage of our free consultation by calling 855-856-4212.