The Department of Veteran’s Affairs (VA) is responsible for administrating veteran disability programs. If you are a disabled veteran considering applying for disability or already in the process, you should consider consulting a Veterans’ Disability attorney. The process of applying for veterans’ disability benefits can be arduous and complex. Hiring an attorney who is familiar with the process, and knows what the VA will be looking for can help your application process go more smoothly, and give you a better chance of being approved for all of the benefits you are eligible for and need in order to take care of yourself and your family.
What are Veteran’s Disability benefits, and who qualifies to receive them?
Veterans’Disability Compensation consists of monetary benefits paid out on a monthly basis to veterans who are considered to be at least 10% disabled, and whose disability occurred as a result of their service in the military. The amount of compensation depends on the level of the disability, ranging from 10% to 100%. Veterans who are at least 30% disabled can qualify for additional compensation for dependents.
To meet the requirements for veterans’ disability, the veteran must have served on active duty in the Uniform Services, served on active duty for training purposes, or served on inactive duty for training. If the service was training while on inactive duty, an injury, stroke or heart attack must have been the cause of the disability. Additionally, you must be 10% or more disabled as a result of a disease or injury caused by, or made worse by your service. And finally, you must not have been dishonorably discharged.
When you file your application, you will be required to show medical records and evidence indicating that you do actually suffer from a qualifying disability, as well as evidence that your military service caused or worsened your condition.
I believe I meet all of the requirements,do I need an attorney to help?
It might not be necessary to have an attorney represent you when you initially apply for benefits. Many veterans choose not to hire an attorney in order to complete the first stage of the process. However, you should know that it is not uncommon for veteran benefit applications to be denied. A denied application is far from the final decision though. In the fairly likely event that your application is denied, you have the right to file an appeal with the VA, called a Notice of Disagreement (NOD).The appeals process involves several steps, and includes the option of a hearing in front of a Veterans’ Law Judge.
If your application for Veteran’s Disability benefits is denied by the VA, you should consider reaching out to an attorney. A law passed by Congress in 2007 made it possible for veterans to choose their own Veterans’ Benefits attorney. The new law has benefited veterans across the country because the help of an experienced Veterans’ Disability attorney can simplify the appeal process, and increase a veteran’s chance of a positive outcome.
The laws regarding veterans’ disability are so complicated that the VA itself often makes errors when they are processing applications. In order to represent veterans in claims with the VA, attorneys are required to be accredited by the VA, which requires them to stay up to date in the laws related to veterans’ disability benefits.
Having someone on your side, who is familiar with the process, knows what kind of evidence the VA is looking for, and how to put together such information in a compelling way is an advantage. Data from the VA indicates veterans who hire disability attorneys do tend to have more success on their appeals.
How much will a veterans’ disability attorney cost me?
Fees charged by veterans’ disability attorneys must be approved by the VA. Most payment agreements with VA disability attorneys are based on a contingency fee. This means that the attorney will only get paid if your claim is successful. If you win your claim, your attorney would be paid a percentage of the award you received.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you to seek the benefits you are entitled to as a veteran. Contact Stern Law, PLLC today at (844) 808-7529 for a free consultation with an experienced veterans’ benefits attorney.