The lawyers of Marks & Harrison understand the challenges injured veterans face in Richmond and other areas in Virginia.
Many veterans finish their service in the U.S. Army, Navy, Air Force, Marines, or Coast Guard with debilitating injuries and illnesses or later suffer from a condition that is found to be connected to their service.
Some of the most common disabilities suffered by veterans are:
Due to their disability, veterans can suffer ongoing pain, lack the ability to work, and face significant financial strain. We are committed to helping.
Disabled veterans in Virginia may be eligible to receive tax-free, monthly disability benefits through the U.S. Department of Veterans Affairs (VA).
Our law firm can help veterans learn more about these benefits and other options and work with them as they apply for the benefits they have earned. If a veteran or family member disagrees with the VA’s decision on his or her claim, we can assist in an appeal, as well.
It starts with a free consultation. If you or your loved one is a veteran who needs help with a veterans’ disability benefits claim, call or contact us online today. We serve veterans in Richmond and throughout Virginia.
The reality is that many veterans and their family members may not be aware they are eligible to receive disability benefits. To qualify, a veteran must have:
Additionally, the veteran must have an injury or illness that:
To establish your right to disability benefits, you must present evidence of:
In some cases, the relationship between your disability and service is presumed. The presumption arises where a veteran:
The presumption also applies to veterans who were exposed to:
It also applies to veterans who served in Southwest Asia during the Gulf War.
If you have a disability rating of at least 30 percent, you may eligible for compensation for your eligible dependents as well, including your:
As our law firm has seen, an issue often arises concerning whether a veteran’s disability is connected to his or her military service. Our attorneys will work hard to collect the evidence it takes to establish this relationship.
What Types of Disability Benefits Are Available to Veterans in Virginia?
If you meet the above eligibility requirements, you can and should receive tax-free monthly payments. The amount will depend on your disability rating, which is on a scale of 10 to 100.
Under certain circumstances, you may be eligible to receive your payment at a 100 percent rate even if you do not have a 100 percent disability rating. This is called an unemployability claim.
To be eligible, you must show that you cannot maintain “substantially gainful employment” due to your service-connected disabilities and that you have:
Other disability benefits options available to veterans and their families are:
You can submit your claim for benefits by filling out an online application form or by mailing a printed copy to the VA Regional Benefit Office in Roanoke. Make sure to keep a copy of the application.
It can be highly beneficial to work with an experienced veterans’ disability benefits lawyer before you submit your claim. For instance, the attorney can help you obtain and send to the VA:
You should also expect the VA to request that you undergo a medical examination. The VA will pay for that exam.
Once your application and file are complete, a Rating Veterans Service Representative will decide your disability rating.
You will then get a letter notifying you of the VA’s decision on your claim. The letter will tell you the evidence the VA reviewed and the reasons behind its decision.
If you disagree with any aspect of the ratings decision made by the VA, you can file what is called a “Notice of Disagreement” within the one-year period after you receive your letter. The notice must be in writing.
After the VA receives your notice, the VA will prepare a “Statement of the Case” that will provide a summary of the evidence the VA reviewed, the reasons for its decision and citation to relevant laws and regulations.
If you disagree with the Statement of the Case, your next step is to complete and submit a Substantive Appeal form, or a “Form 9.” You need to send in this form within 90 days after you receive the Statement of the Case or within one year of your ratings decision letter – whichever comes later.
The next step will be to request an in-person hearing before a Veterans Law Judge (VLJ) or video hearing.
You should know that you can give the Board of Veterans Appeals (BVA) any new evidence that bears on your case while it is on appeal. This is called a “continuous open record.”
If you disagree with the decision made by the BVA, you can either:
In fact, you can continue to appeal until your case reaches the U.S. Supreme Court. However, it is rare that such a situation arises.
We consider it an honor to fight for those who have fought to protect the freedoms we enjoy. We are passionate about seeking benefits that our veterans and their families deserve.
If you would like to discuss your case, please contact us today by phone or through our online form. We are glad to serve veterans throughout Virginia.
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