Texas

Texas VA Disability Lawyers

If you or a family member have endured a disability as a result of military service, you may be entitled to benefits from the U.S. Department of Veterans Affairs (VA). These benefits help support the financial well-being of veterans and their families. However, they are often challenging to obtain due to a complex application process. Our job at Gang & Associates is to offer you guidance, resources, and understanding, so that you can navigate this process effectively to receive the benefits you deserve. Our team is standing by in our Austin-based location to answer your questions and get started.

Overview of the VA Claims Process for Texas Veterans

Navigating the VA claims process demands patience and attention to detail. Errors or omissions in your application can lead to delays or denials, prolonging the wait for essential benefits. To enhance your chances of success, it is crucial to understand the eligibility criteria and requirements for filing a VA claim.

Veterans eligible for VA benefits must have served on active duty in the military, with discharge status other than dishonorable. The VA recognizes various types of military service, including full-time duty in the Armed Forces, active duty for training, and certain reserve duties. Additionally, veterans must demonstrate disabilities or conditions linked to their military service to qualify for benefits.

A simplified process of applying for and receiving veterans disability benefits includes these following steps:

  1. Eligibility Verification
  2. Gathering Evidence
  3. Submitting the Claim
  4. VA Review
  5. Decision Notification
  6. Appeal (if necessary)
  7. Final Decision

Disabilities Recognized by the VA

The VA acknowledges a wide range of disabilities, each evaluated based on its severity and impact on daily life. These disabilities encompass cardiovascular conditions, mental health disorders, musculoskeletal injuries, and more. Veterans may have multiple disabilities, affecting their overall compensation and eligibility for various benefits. Some of the most common include disability benefits for: 

VA benefits provide essential support for veterans with disabilities or conditions stemming from military service. These benefits encompass tax-free compensation for diminished earning capacity, special monthly compensation, and access to medical care, physical therapy, and vocational rehabilitation. Successfully obtaining VA benefits ensures that you and your family receive the necessary support to cope with the challenges posed by service-related disabilities.

It is our mission at Gang & Associates to ensure you are taken care of for your service to our country. 

How Our Texas VA Disability Lawyers Can Help

While navigating the VA claims process independently can be daunting, seeking assistance from a Texas VA disability claims lawyer can significantly improve your chances of success. We are here as your resource with the end goal of ensuring you are financially supported for the great service you provided this country.

Our law firm has many resources and free guides that help explain how to file your initial claim for benefits. We hope you’re successful, but if your claim is denied, you have options. Our disability benefits attorneys can help you appeal your denial to secure the disability benefits you have earned.

Our knowledgeable VA disability attorney team can guide you through the complexities of the appeals process, ensuring that your appeal is thorough and well-supported. With a VA claims lawyer on your side, you can navigate the intricacies of VA benefits and secure the compensation you deserve.

Selecting a VA Disability Attorney

Many veterans find themselves frustrated after receiving an unfavorable decision in their disability case. Whether your claim was denied entirely or the awarded rating is unreasonably low, hiring the right VA disability attorney can be crucial to getting the benefits you deserve.

What to Look For in a VA Disability Lawyer

Finding the right VA disability attorney can make all the difference in the outcome of your appeal. Not all attorneys have the same level of experience or approach, so it’s important to evaluate several key factors:

  • Experience in VA Disability Law. VA disability law is a unique field. Attorneys who regularly handle these claims and appeals are familiar with the complex set of regulations, decisions, and policies that ultimately determine if a claim for benefits is granted. Look for someone who focuses specifically on veterans’ disability cases and has a deep understanding of the appeals process.
  • Strong Track Record of Successful Appeals. Results matter. A strong record of securing higher ratings, overturning denials, or obtaining favorable outcomes for veterans is important.
  • Familiarity with Medical Evidence and VA Ratings Criteria. Successful appeals often hinge on presenting compelling medical evidence. The attorney you choose should have experience working with medical experts, interpreting VA diagnostic codes, and understanding how the VA assigns disability ratings.
  • Clear Communication and Accessibility. The process of appealing a VA decision can take months or even years. Throughout that time, you’ll want an attorney who keeps you informed, answers your questions promptly, and explains complex legal concepts in plain language. Clear communication ensures that you stay engaged and informed about the progress of your case.

When to Hire a Lawyer

The ideal time to hire a VA disability attorney is after the VA has made its initial decision on your claim. While many veterans choose to handle the initial filing on their own, navigating the appeals process without legal assistance can be challenging. If your claim was denied outright, you may feel discouraged and unsure of how to proceed. Denials can result from various issues, such as insufficient evidence, an inability to establish a clear service connection, or minor errors in the paperwork. A knowledgeable attorney can assess the VA’s decision, identify the reasons for denial, and build a stronger case by gathering additional evidence or obtaining expert opinions.

In cases where the VA has awarded benefits but assigned a disability rating that seems unreasonably low, hiring an attorney can be crucial. The compensation a veteran receives is directly tied to their disability rating, so an undervalued rating can have a significant financial impact. An experienced attorney will know how to challenge an inadequate rating by demonstrating the full extent of the veteran’s condition, often using detailed medical records, professional evaluations, and legal arguments to support a higher rating.

Starting a VA Claim

The VA disability system exists under federal law. That means the process for applying is generally the same whether you reside in Texas or elsewhere. Starting this process can feel overwhelming, but understanding it can make everything more manageable. The first step is to gather the necessary documentation, including your DD-214 form, medical records, and any evidence linking your condition to your military service. This documentation is crucial because the VA requires proof that your disability is service-connected before awarding benefits. It is crucial that you are thorough when putting together your application and any supporting documents, because many claims are initially denied.

Once you have collected the necessary records, you can file your claim online through the VA’s eBenefits portal, by mail, or in person at a local VA office. If you are not filing online, you will need to use a document known as VA Form 21-526EZ. The VA offers several types of claims, including fully developed claims (FDCs), where the veteran submits all supporting evidence upfront, and standard claims, where the VA helps gather additional evidence. Fully developed claims tend to be processed faster, so veterans who can compile comprehensive documentation on their own may benefit from this option.

After submitting the claim, the VA reviews your application and may request additional evidence or schedule a Compensation and Pension (C&P) exam to assess the severity of your condition. The C&P exam is a critical part of the evaluation process, and veterans should attend fully prepared to discuss how their disability impacts daily life. Once the VA completes its review, it will issue a decision detailing whether the claim is approved and, if so, what disability rating has been assigned.

Appealing a VA Claim Decision in Texas

Receiving an unfavorable VA claim decision can be disheartening, but it’s not the end of the road. Veterans in Texas have several options for appealing a denial or challenging a low disability rating. Understanding the VA appeals process and choosing the right approach can greatly improve the chances of a successful outcome.

When the VA denies a claim, they typically provide a written explanation outlining their reasons. Common issues include insufficient medical evidence, lack of proof that the disability is service-connected, or discrepancies in the veteran’s records. For veterans who believe the VA made an error or overlooked critical evidence, filing an appeal can rectify the decision. Additionally, if a claim was partially approved but the assigned disability rating or compensation amount is too low, an appeal can be filed to seek a higher rating.

There are three main avenues for appealing a VA decision: Higher-Level Review, Supplemental Claim, and an appeal to the Board of Veterans’ Appeals. A Higher-Level Review involves requesting a senior VA officer to re-examine the claim without introducing new evidence. This option is suitable when a clear error or oversight was made in the initial decision. A Supplemental Claim allows veterans to submit new and relevant evidence to strengthen their case. Meanwhile, an appeal to the Board of Veterans’ Appeals offers a more formal process, often involving a hearing before a judge and the submission of legal briefs.

Appealing a VA claim in Texas requires careful attention to detail, as strict deadlines apply. Veterans must submit an appeal within one year of the initial decision to preserve their right to appeal in most cases. Our VA disability attorneys are familiar with Texas-specific challenges and can provide invaluable support, ensuring that appeals are timely, well-prepared, and supported by the strongest possible evidence.

FAQs by Veterans in Texas

What do 100% disabled veterans get in Texas?

Texas outlines many additional benefits for veterans, including property, education, and employment benefits. If you receive a 100% disability rating as of December 2023, you could receive $3,737.85 a month. Keep reading about the 2024 VA disability pay rates and schedules.

How much does a disability attorney in Texas cost? 

Our clients pay us nothing up front. We collect a percentage of your past-due benefits if/when we are successful in reversing your denital.

Seek Assistance with Your Appeal – Call Our Texas VA Disability Lawyers Today

Understanding the basics of veterans’ disability benefits is crucial for veterans and their families seeking financial support for service-related disabilities. By familiarizing yourself with the VA claims process, eligibility criteria, and available benefits, you can navigate the system effectively and secure the compensation you rightfully deserve.

Let us be your guide. Review our website and gain confidence in submitting your initial application. If your claim is denied and you need us to assist with the appeal, we are here and happy to help. Contact us today to learn more. We look forward to meeting with you in our office sin Austin, or remotely by telephone or teleconference.

Our Texas Office

408 W. 11th Street, Fifth Floor
Austin, TX 78701

Disclaimer: Please note that Gang & Associates is a national law firm with a focus on serving veterans across the United States. While this and other pages on our website provide state-specific information, our services extend nationwide to assist veterans in need. Gang & Associates is a national veterans disability law firm with satellite offices in Austin, Texas. All offices are by appointment only, and all mail must be directed to our main mailing address at P.O. Box 96503, Dept. 34938, Washington, DC 20090-6503.