Military veterans deserve respect and gratitude for their unselfish service on behalf of our country. If a veteran was injured or became ill because of their service, they also deserve benefits from the Department of Veterans Affairs (VA) to help treat their condition and meet financial obligations. Ohio Massachusetts VA Disability Benefits Lawyer can provide the legal support needed to secure these vital benefits.
Depending on a Veteran’s unique circumstances, they may be entitled to various benefits, such as:
There are several ways a Veteran can apply for VA benefits that suit their needs. While the process may seem daunting, resources are available to guide Veterans through the application process and help them receive the benefits they deserve.
One option to apply for VA benefits is physically visiting the local VA regional office. Veterans can find the nearest VA office on the VA’s regional offices website. Once there, an application can be completed in person.
Although the application may seem straightforward, many Veterans still have questions about how to apply for benefits. The form can be complicated, so Veterans should ask for assistance if they have trouble.
One drawback to using this method is the potentially long waiting lines at the VA. Another challenge can be finding time to visit the VA office during the week, as many VA offices are only open during weekday business hours.
A second option to apply for VA benefits is to access the VA website by logging onto http://www.ebenefits.va.gov. Veterans can apply online anytime from home. Many working Veterans prefer this method because it allows them to file a claim when it is most convenient, and they don’t have to miss work to seek benefits. However, a human being won’t be available to help complete the process or answer questions about the application in real time.
Veterans can also turn to their County Veterans’ Service Officer (CVSO) or a service organization such as the American Legion or the Disabled American Veterans (DAV) for assistance. These groups can usually provide help applying for benefits, and many offer their services free of charge.
An appointment may be needed, and they may only work during normal business hours. The VA’s Office of General Counsel maintains a list of organizations recognized by the VA at the national, state, and local levels to help Veterans.
An important option for Veterans applying for disability benefits is to seek the assistance of a VA benefits attorney. These types of claims can be complex, and the legal professionals who work in this area have extensive knowledge of the VA system. They can work with Veterans to guide them through the application process, ensuring all necessary documentation is provided to support their claim.
An attorney can also help if a claim is denied, assisting with the appeals process. While there may be fees associated with hiring an attorney, their knowledge and skill can be invaluable in securing the benefits a Veteran deserves.
Once an application for disability benefits is filed, the VA will review it along with any evidence provided to determine if the Veteran qualifies for benefits. The VA will also produce a rating decision, which grants or denies the benefits sought in the application.
The rating decision will specify the percentage of disability the Veteran’s condition qualifies for. Disability ratings range from zero percent—there is a service-related condition but it does not qualify for benefits—up to 100 percent disabled.
If a Veteran disagrees with the VA’s determination, they have the right to appeal that rating decision. This is often the stage when attorneys get involved in the VA claims process.
To expedite the VA benefits application process, which can be lengthy, Veterans should gather all relevant medical documents and other evidence of a disability to support their application. This information should be submitted along with the application.
Most of the time, providing sufficient relevant information with the claim application will reduce the chances of the VA denying the claim. Depending on the disability rating received, an appeal of the VA’s decision may not be needed. Potentially relevant evidence that could be submitted includes:
Layperson statements about the cause of the disability can also be submitted as evidence to support the application. This evidence can be in the form of buddy statements from friends or acquaintances who served with the Veteran or statements from family members who can explain how the disability affects everyday life.
In 2010, the VA introduced the Fully Developed Claim (FDC) program, allowing Veterans to expedite their application process. The FDC program allows applicants to submit their medical records at the start of the process, bypassing the VA’s effort to collect records from each medical provider and other sources (which can take months).
Also, if a Veteran suffered military sexual trauma (MST), has been diagnosed with post-traumatic stress disorder (PTSD), or is a former prisoner of war, their benefits claim has priority in the VA claims process.
In some cases, the VA presumes that certain disabilities were caused by military service, even if there is no specific evidence proving a connection. These are called presumptive service connection disabilities.
The VA has established a list of presumptive disabilities for various groups of Veterans, including former prisoners of war, Veterans exposed to radiation, and Veterans exposed to Agent Orange and other herbicides. If a presumptive condition is diagnosed in a Veteran in one of these groups, they likely have an easier path to securing disability benefits.
Even with presumptive conditions, the VA still needs to see evidence, such as a doctor’s report confirming the diagnosis. However, the Veteran doesn’t have to prove that the disability was caused by their service—the VA presumes this to be true. This can significantly speed up the benefits application process and increase the likelihood of a favorable outcome.
A Veteran’s claim may not receive the decision they think they deserve. More often than not, disabled Veterans receive incorrect disability ratings and inadequate benefit awards. In that case, they should appeal the VA benefit decision.
The VA appeals process changed significantly in February 2019. There are now different options for requesting a decision review: supplemental claim, higher-level review, or board appeal.
A Veteran has one year from the date of the decision to request an appeal, and Veterans can now request a hearing before the Board of Veterans’ Appeals to voice their case directly to the judge.
Applying for VA benefits and navigating the appeals process if a claim is denied can be complex and time-consuming. A knowledgeable Veterans benefits attorney can be an invaluable ally.
An experienced attorney can assist a Veteran in gathering the necessary evidence to support their claim, ensuring the application is complete and submitted correctly. If a claim is denied or a Veteran disagrees with their disability rating, an attorney can guide them through the appeals process, representing their interests at every stage.
Additionally, an attorney well-versed in Veterans law will stay current on any changes to VA policies and procedures, such as the 2019 appeals reform, that could impact a Veteran’s case. They can use this knowledge to develop the most effective strategy for securing the benefits a Veteran deserves.
Veterans who were injured or became ill due to their military service are entitled to benefits from the VA. Throughout the process of applying for and appealing VA benefits decisions, a Veterans benefits attorney can provide invaluable assistance and advocacy.
While Veterans can navigate the benefits system on their own, having a skilled legal advocate in their corner can make the process less stressful and improve their chances of a successful outcome. Veterans are encouraged to seek legal counsel to ensure they receive the full benefits they have earned through their service and sacrifice. Berry Law offers a free consultation and case evaluation. The law firm represents Veterans in all 50 states and its legal team is available 24/7. Call 888-883-2483 or fill out our online contact form and get started today. Many of our lawyers and legal team are Veterans, so Berry Law brings a unique understanding of the VA claims process and Veterans’ needs.
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