If you are suffering from physical or mental disabilities as a result of your military service, the U.S. Department of Veterans Affairs (VA) should be there to provide you with the compensation you need to live your best possible life. Sadly, some veterans receive a denial of benefits, and they struggle to make ends meet.
Ultimately, VA disability law is complicated, and it may be difficult to understand all the intricacies of the filing and appeals process. Our attorneys can be there to walk you through the entire claims process, fighting for your rights every step of the way. You do not have to go through this alone.
A Brief Overview of How VA Disability Compensation Works in West Virginia
The VA disability compensation program is designed to provide monthly benefits to veterans to help them deal with the aftermath of injuries, diseases, or other forms of short-term and long-term disabilities that were brought on by their military service.
The disability in question may have been directly caused by your military service, such as combat-related injuries. Otherwise, the disability must have been aggravated by your time in the military, like a pre-existing health condition that worsened due to exposure to hazardous environmental factors.
When dealing with traditional disability compensation, it is tax-free, which often proves helpful for veterans who rely on these benefits to make ends meet.
Your Percentage of Disability Affects Your Compensation
Disability compensation is awarded based on how disabled you are. Your disability will be evaluated, and you will be assigned a percentage based on your level of disability.
This percentage will be assigned in 10% increments between 10% and 100% – with 100% being completely disabled, leaving you unable to work and function. Additionally, your percentage of disability may be raised if you have missed a significant amount of work. Ultimately, the higher your percentage of disability, the more benefits you qualify for.
In addition to your basic disability program, you can apply for special forms of disability benefits, including:
- Benefits for transportation and automobiles
- Time spent recovering from your injuries
- Being virtually unemployable
- Allowances for clothing
- Birth defects
- Dental services
If You Lost a Loved one, You Could be Entitled to Benefits
In the event of a military member’s untimely passing, VA disability benefits can extend to dependent children, parents, and spouses. In this case, the benefits would be used to make up for the economic losses you have suffered as a result of your loved one’s passing.
The disability appeals process can seem a little overwhelming or intimidating. Thankfully, our attorneys can walk you through the process. If you have any questions, our team can discuss your case and determine your options moving forward.
For a free legal consultation with a veterans va disability lawyer serving Huntington, call (972) 535-6377
Common Mistakes People Make When Filing for VA Disability
VA disability claims are often denied for small errors that can easily be avoided. Some of the most common errors that result in claims denials include, but may not be limited to:
Not Going Through With the Appeals Process
It is easy to get discouraged with the VA disability appeals process. Some veterans think if their claim has already been denied once, it would simply get denied again, but that may not be the case. Some claims are denied because of small errors that can easily be fixed the second or third time around.
Failure to File Your Claim in a Timely Manner
While VA disability claims are not subject to a statute of limitations, your eligibility for compensation can be adversely affected if you wait too long. For example, if you think your injuries will get better with time, but they actually get worse, the claims processors may see this as negligence on your part, thereby resulting in a denial of benefits.
For this reason, it is important that you file as soon as possible following your injury. After all, VA disability benefits can be applied to the past as well as the future, giving you backlogged payments for your ailments.
Issues With Paperwork
Simple mistakes with the filing process often result in benefit denials because the VA association cannot fact-check the information you have provided.
For example, if you give improper information regarding your military background, the VA may be unable to prove you are who you say you are. The same goes with the documentation you provide for your injuries or disabilities.
A Lack of Medical Evidence
This is one of the most common reasons for claims denials. You need to establish a definitive link between your current diagnosis (your disability) and your previous military service. To achieve this, you need substantial documentation from an accredited medical professional.
If you have not already done so, it is in your best interest to start gathering documentation of your medical treatments so they can be provided to the appropriate authorities during the appeals process.
At the end of the day, if you need disability benefits to live a normal life, a VA disability benefits lawyer can examine your case and educate you about where you went wrong.
Huntington Veterans VA Disability Lawyer Near Me (972) 535-6377
The VA Disability Crisis in West Virginia
According to VA, the state of West Virginia has nearly 20 million veterans as of 2019. Out of those 20 million veterans, around 25% (over 5 million veterans) are receiving disability compensation. Sadly, some veterans in West Virginia are not getting the disability benefits they need to live normal lives.
Fortunately, if you feel like you are not getting the benefits you deserve, a veterans VA disability lawyer in Huntington can help you fight for your rights. Our team of attorneys can review your case and figure out a course of action for your specific needs. Every veteran has a different story and a unique case.
We want to make sure you are seeking the right type of benefits to match your unique disabilities. This way, you can get the compensation you need to move forward with your life, building a prosperous future for you and your loved ones along the way.
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Why the VA Denies Claims
Sadly, VA is known to get backlogged with extremely large caseloads, especially in states with high populations of veterans like West Virginia. As such, many veterans slip through the cracks.
Even so, that does not make it okay for you to be wrongfully denied benefits when you meet all the necessary qualifications for compensation.
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Our VA Disability Attorneys Fight for Veterans in Huntington
Our attorneys at Underwood Law Office are here to help. When you retain a Huntington veterans VA disability lawyer at our firm, we can help you understand all your options for compensation so you can get the help you need to live a happy and healthy life in the future. You deserve the best care our country can provide.
For more information about our VA disability services at Underwood Law Office, call to get started with your free consultation.
Call or text (972) 535-6377 or complete a Free Case Evaluation form