Obtaining VA Benefits For Disabled Veterans
Veterans have fought and died for our great nation. Many of these wounded warriors have returned home, only to be forgotten.All across the country, veterans suffer every day. When in battle and conflict, service members encounter life-changing events.
For veterans returning to civilian life, the trauma of service doesn’t simply go away. Numerous veterans are now disabled. These disabled veterans may be plagued by all kinds of physical and mental issues. Many veterans may never be the same again.
Receiving VA Disability Compensation
Countless veterans across the United States receive disability benefits. These benefits are a form of monetary compensation that helps our brave and wounded to lead normal lives. Even if a disabled veteran is severely impaired, disability benefits can make a world of difference.
VA disability benefits are crucial for a number of reasons. These payments sustain injured servicemen and women who were willing to sacrifice it all. Moreover, these life-saving payments also help sustain the loved ones of injured veterans.
Too often, we think of the veterans but fail to consider their families and friends. Many people may be depending on the strength and well-being of a disabled veteran. If the life of a disabled veteran improves, so too does the life of that veteran’s loved ones.
Fortunately, the U.S. Department of Veterans Affairs (VA) is prepared to help. The VA administers regular Veterans Disability Benefits as part of numerous compensation packages. Disability compensation is determined based on a number of factors.
How The VA Determines Disability?
In order to receive disability benefits under the VA, a disabled veteran must demonstrate a severe and lasting disability. This disability can be either an illness or an injury. However, this health issue must have been caused, or worsened, by active military service.
The condition(s) must affect the body and/or mind of the disabled applicant.
A disabled applicant must have:
- Participated in active duty, active duty training, or training for inactive duty, and
- Received a disability rating for a service-connected condition
Furthermore, a disabled veteran must provide significant proof of how the condition started. A “service-connected condition” is a condition that can be directly linked to military service. This connection helps the VA determine if a condition was actually caused or worsened by the military.
One of the following conditions must be met:
- The veteran got ill or injured during military service—and can connect this condition to the current illness or injury, or
- The veteran had an illness or injury prior to joining the military—and service worsened that illness or injury, or
- The veteran has a disability related to active-duty service that manifests after service ended
Overall, there are three types of “service-connected conditions.” These include the in-service, pre-service and post-service conditions. All conditions must be clearly linked to the effects of serving in the military.
There are also certain illnesses that are typically linked to military service. These conditions are called, “presumed disabilities.” If the disability is diagnosed by a doctor and linked to service, the veteran applicant may be quickly approved for benefits.
Presumed disabilities usually take one of three forms. These conditions can occur as the result of being held a prisoner of war (POW). Such conditions also arise from exposure to dangerous chemicals. Thirdly, these presumed disabilities may be the result of chronic illnesses that appear within 12 months of military discharge.
However, the degree of disability varies. Disabled veterans must also demonstrate that they have suffered to a specific extent. Many veterans return from combat in severely bad shape. Some veterans have more psychological damage than physical damage.
The costs of veteran disabilities can be devastating. These life-changing disabilities may prevent future work. Disabled veterans may be unable to engage in everyday daily activities.
Some veterans develop mental disorders and abuse disorders, such as drug addiction and alcoholism. In some cases, veterans without help simply give up. In cases where veterans are unable to receive immediate help, suicide may occur. A top veterans disability attorney can help veterans obtain the benefits they need and deserve.
Proving The Need For Disabled Vet Benefits
- When applying for veterans disability compensation, a veteran should be wary. The more information the VA has, the quicker it can make an accurate determination. Veterans lacking paperwork and documentation may fail to be approved.
- This is why a disability lawyer is so critical. Experienced legal professionals understand how the VA operates. A sharp VA attorney can ensure that all of the necessary information is not only obtained, but presented in its full and accurate form.
- There are multiple forms of information that the VA analyses. The VA will look to make a disability determination based on a variety of in-depth records. A good disability attorney can help gather all relevant medical records and hospital reports.
- The best information is information that pertains directly to claimed illnesses and injuries. This information should also show that your condition has worsened. You may also need to provide private medical documents.
- The VA will even look at personal statements when evaluating your claim for disability benefits. For instance, you may choose to have your brother or sister speak on your behalf. A written statement can help support your claim for disability.
- In all cases, you will need to establish the reasons underlying the development of your disability. You should also be able to establish a time-frame.
Supporting statements can be extremely useful
- The U.S. Department of Veterans Affairs (VA) will also assign you a disability rating derived from the duration and severity of your condition(s).
- The VA disability rating is largely based on medical evidence. The VA will closely consider the professional opinions of doctors, as well as the test results from various medical facilities.
- The VA may even determine that you should submit to additional medical testing. In this case, you may be referred to a specialist for closer examination. The VA will even gather information from other federal agencies.
- Overall, the VA will take a comprehensive approach to your claim. The VA will assign a disability rating based on a percentage. The higher your disability percentage, the greater your disability. A veteran who is 90% disabled may receive significantly more compensation than a veteran who is only 30% disabled.
- This is why you need to be sure that your application is accurate and thorough. If you are missing or misrepresenting information, you may receive an inaccurate rating. The best veterans benefits attorneys can ensure that you present the best claim possible.
How We Help With Disabled Veterans Benefits
At Berke Law Firm, P.A., we are proud to offer experienced legal services for veterans. If you are a veteran diagnosed with a physical or mental condition, you may be eligible to collect Disability Compensation.
We will help you prove that your condition(s) resulted from active duty with the Armed Forces. At Berke Law Firm, we devote our efforts to winning cases for veterans who have suffered from a variety of issues.
We specifically address issues that include:
- Combat related injuries (physical and mental)
- Post traumatic stress disorder (PTSD) and other Anxiety disorders
- Traumatic brain injuries (TBI)
- Chemical exposures
- And other service connected disabilities
Fortunately, the U.S. Department of Veterans Affairs (VA) provides Disability Compensation for numerous veterans. Disabled veterans diagnosed with a range of disabilities may receive compensation.
100 % Disabled Veterans Benefits
If we can prove that your disability is connected to your service, you may receive benefits. In some cases, diagnoses automatically qualify a veteran for payments. If you are 100 percent disabled, you may be entitled to 100 percent VA disability benefits.
For example, the VA often recognizes certain conditions associated with exposure to Agent Orange. This applies to both veterans who served in Vietnam AND their dependents. Many individuals who have contracted these diseases are unaware, and have never even filed for benefits.
Similar conditions include:
- AL Amyloidosis
- Chronic B-Cell Leukemias
- Chloracne (or other acneform diseases)
- Diabetes Mellitus
- Hodgkin’s Disease
- Ischemic Heart Disease
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
- Parkinson’s Disease
- Peripheral Neuropathy
- Porphyria Cutanea Tarda
- Prostate Cancer
- Respiratory Cancer
- And certain soft tissue Sarcomas
Recently, the VA issued NEW REGULATIONS to establish presumptive payments for service connected diseases. These eight specific diseases are associated with exposure to contaminants in the water supply at Camp Lejeune, North Carolina.
No matter what happens, Berke Law Firm, P.A. is prepared to assist. If you served at Camp Lejeune for at least 30 days, you may be subject to the new regulations. However, you must have served at some period from August, 1953 through 1987.