Veterans Disability Info Blog

The Journey to Justice: How We Stand with Our Military

Individuals who have served in the U.S. Military, veterans, have provided an invaluable service to the country. In recognition of the contributions of veterans to the U.S., we are proud to stand behind our veteran clients in helping them realize their legal goals. We are able to stand with our military not only through our outreach efforts but our ongoing representation of veterans in their disability-related legal proceedings. 

If you experienced an injury or event during active service that caused you to become injured or ill, you are entitled to compensation. Generally, you will be entitled to receive full medical coverage for your service-related conditions, and if the condition is service connected, may also qualify for tax-free monthly compensation payments. 

Whether you have applied for VA disability benefits and been denied, need to increase an existing rating, or other assistance after having filed your initial VA disability application, we are here to help. Our disabled veteran lawyer team stand behind our military and will do whatever we can if you have been denied compensation, including battling on your behalf at the U.S. Court of Appeals for Veterans Claims, if necessary. 

Service-Connected Injuries and Illnesses are Compensated by the VA

The call to service is not one that every American answers and the rate of injury and illness amongst veterans is naturally higher than among civilians. When an active serviceperson is injured during deployment, any resulting mental or physical disabilities that develop could be the subject of disability compensation through VA if the condition is service connected. You begin the process of collecting what you are entitled to by filing your claim, and if it is denied, you can seek out the assistance of a disabled veteran lawyer. 

We Help Process Your VA Disability Appeal 

The first step towards receiving service connection or an accurate VA disability rating is to begin the process by applying. You’ll provide the VA your medical records, and service records, and generally give them permission to seek out additional records on your behalf. You are able to identify which resources the VA should look towards in your assessment as well, if you have had additional assessments or supporting information. 

A common element of your VA disability application is a C&P Exam (Compensation and Pension). During this exam specialists from the VA will assess your current condition, and consider how it might be connected to an event or incident during your active service. These exams are not always as comprehensive as necessary to fully identify the extent of your injuries, or they often fail to establish the nexus with service. It must be proven that your current diagnosis is linked to the incident or event that resulted in injury or illness during active deployment for your claim to be approved. The VA may deny while awaiting further information, and either way, you have the option to appeal. 

Medical Benefits Can be Pursued Before a Decision 

It is important to understand that you are able to begin receiving medical and mental health treatment at VA medical centers if and when you begin to experience symptoms. You are fully within your rights to seek out healthcare through the Veterans Health Administration (VHA). There are 172 VHA medical centers, in addition to 1,138 VHA outpatient clinics, which are outpatient sites of care. Each year some 9 million enrolled veterans are served at VHA medical centers and outpatient clinics. 

When you have a service-related condition or are experiencing symptoms that you think could be connected to your service, you can seek out care at VHA centers. You’ll receive medical and mental health care, and have an opportunity to gather evidence to use in your VA disability application. Many VHA centers will also have VA-approved representatives who can provide you with free assistance in the preparation of your initial claim. 

Medical and mental health care is available to you as needed while you process your VA disability application. The VA disability rating you receive is a percentage on a scale of 0 percent to 100 percent. So long as you have a rating, even if it is 0 percent, you are able to receive medical care from VHA facilities for that condition. Ratings higher than 0 percent will entitle you to tax-free compensation payments, the purpose of which is to replace any lost earning capacity that your service-connected disabilities cause. 

If Your Condition has Worsened You Can File for an Increased Rating 

If you have already received a VA disability rating but your condition has worsened, then you can file for an increased rating.

Should your initial application be denied, you can count on us to proceed through the appeals process on your behalf. When your claim has been denied, we are able to step in on your behalf to file the appeal with the VA, and also to assist you in the gathering of evidence in support of your claim. 

An increased rating claim can be supported by independent expert opinions to support your application. If you are denied and you retain us, we can  help you schedule appointments with our network of medical and occupational experts to ensure that you receive an accurate assessment of your service-connected condition. A medical expert determines your symptoms, and the occupational expert measures how they will impact your ability to work to support yourself and your family.  Remember, if you are not working and you file an increased rating claim or appeal from the assignment of an initial rating, TDIU will be considered implied within our claim and is considered part and parcel of any increased rating claim.

Multiple Conditions are Combined in Your VA Disability Rating

When you file for a new condition, the condition that you add to your existing ratings does not take over for your existing rating. Instead, it is added to your existing VA disability rating. What this means is that if you have a 20 percent disability rating for a neck condition, and then you receive a new rating of 40 percent for a lumbar spine condition, your overall disability rating will equal 70 percent under the combined rating table.. 

This can entitle you to TIDU, or total disability due to individual unemployability. That is because both the lumbar spine and neck are considered one disability since they affect the same body part or system.  Being at least 60 percent for one thing, and being unable to work as a result, would make you eligible for TDIU.  What this does is provide you with VA disability compensation at the 100 percent rating, even though your combined total is only 70. TIDU recognizes that the combination of your symptoms from a number of disabilities can result in a total inability to work. Receiving 100 percent VA disability compensation means that it has been determined that you cannot maintain steady, gainful employment, and so VA disability compensation payments are provided to replace the loss in economic value that your symptoms cause. 

Free Initial Consultations of Your Specific Case 

If you have applied for your VA disability benefits and have been denied, or if your service-connected disability has changed since you last applied, our experienced disabled veteran lawyer team is standing by to help. The process begins with a free initial consultation to determine if we are going to be able to help with your case. The initial consultation is risk-free and cost-free, and you are not committed to anything. We welcome you to pick up the phone and give us a call to speak with a disabled veteran lawyer to learn more. 

It is helpful to bring as much information as possible to your initial consultation concerning your denial. Having your initial application and any supporting information available, as well as any rating decisions denying the claim, helps us to provide you with the best feedback possible. Our perspective can only be as accurate as the information provided, and we will take the time to consider your situation to determine if your case fits with our firm. While we are not able to take every case that we review, for those that we do take, we commit ourselves 100 percent to ensuring that your case turns out as well as possible so you and your family get the compensation you need. 

Contingency-Fee Arrangements So That You Pay Nothing Out-of-Pocket 

When we take a VA disability appeal or supplemental claim, we are able to do so on a contingency basis. This means that we only get paid if we win, and our compensation comes out of a portion of the retroactive pay that we generate in your case. In this way, there are no out-of-pocket costs in your case, ever. Before we get started you will have an opportunity to ask any questions that you might have, and we only begin after you are fully satisfied and are ready to sign a legal representation agreement. 

Our Disabled Veteran Lawyer Team Advocates For Your Rights and Coverage 

While there are free resources available to assist you with the initial filing of your VA disability claim, when it comes time to appeal a denial or to file a supplemental claim, these free resources are not always the best choice to maximize your claim. A disabled veteran lawyer from our firm will take the time to carefully assess your situation to determine where and how we can support your claim to ensure that you receive the disability rating that you deserve. Although free representation through a VSO is adequate in many cases, if your matter involves complex factual or legal issues that require the hiring of private medical experts, your best option is a disabled veteran lawyer who can front the cost of outside experts.  In addition, if your case has been denied at the Board of Veterans Appeals, then consulting with an attorney to address a possible appeal to the U.S Court of Appeals for Veterans Claims is highly advisable.  Call us today at 1-888-878-9350 for help.

We are Here to Help

If you are having trouble obtaining benefits, contact us online or at 888.878.9350 to discuss your case.