Virginia Veterans’ Benefits Lawyers

If you are a military veteran who served in the U.S. Armed Forces – Army, Navy, Air Force, Coast Guard or Marines – you may be eligible to receive tax-free disability compensation if you have an injury or disease that arose while you were on active duty or that was made worse by your active military service. You may also receive disability benefits if your injury or illness is the result of the medical treatment you received from the Veterans’ Administration, or VA.

The process of applying for and receiving these veterans’ benefits is often a long and complicated battle, especially when your claims are denied. Claims can involve extensive paperwork, documentation, medical records, service records, hearings and appeals. However, by working with an attorney, the process may go much smoother for you and help increase your chances of obtaining a successful result.

At Marks & Harrison, our Virginia veterans’ benefits lawyers have extensive experience in helping veterans obtain the disability compensation they deserve. We consider it an honor to serve those who have served our country in conflicts such as World War II, the Korean War, Viet Nam, the Gulf War and our current conflicts in Iraq and Afghanistan. We work hard for them.

Contact us today by calling (800) 283-2202, using our online form or visiting us at our offices in Richmond, Petersburg, Louisa, Charlottesville, Tappahannock, Hopewell, Staunton and Fredericksburg. We can explain the VA benefits process to you and the ways in which we can help you with your claim.

Qualifying for Veterans’ Benefits

To qualify for VA disability benefits, you need to be a “veteran,” which is defined by the VA as a person who served in active military, naval or air services, and who was discharged under conditions other than dishonorable.

In general, you need to meet three conditions:

1. You must have a current medically diagnosed disability;
2. You must have had an injury or disease that happened while you were actively serving in the armed forces; and
3. Your current disability must be “service connected,” which means the injury or disease must be related to your time in active duty.

There is a wide range of types of disabilities that may qualify for benefits. They include physical injuries, such as loss of limbs, back conditions, knee problems, arthritis, fibromyalgia and traumatic brain injuries. Other qualifying disabilities include post-traumatic stress disorder (PTSD) and diseases that stem from exposure to radiation and chemical agents, such as Agent Orange and mustard gas.

Claims generally are denied because of a dispute about the third condition listed above. “Service-connected” disabilities can, in some instances, be hard to prove, especially when the injury or illness was suffered a long time ago or when it is a mental condition. A Virginia veterans’ benefits attorney from Marks & Harrison can help by compiling evidence and building a persuasive case on your behalf.

The Veterans’ Benefits Application Process

If you believe you are eligible for veterans’ disability benefits, you will need to file an Application for Compensation. The VA will then send a letter asking for permission to collect all records relevant to your disability from the military, doctors, VA hospitals and private healthcare providers. Often, you will be asked to have an independent medical examination. An attorney can ensure the VA receives all of the necessary documentation of your condition.

Once a Veterans Service Representative (VSR) from your regional VA office (the Virginia office is located in Roanoke) has all of your records, the VSR will issue a Ratings Decision that will either deny your claim or award an amount of benefits that depends on how disabled you are.

If you disagree with the Ratings Decision, you can file a Notice of Disagreement within one year of the decision and request a hearing to have your case reviewed again. An attorney can be especially helpful at this stage of the process by developing testimony and other evidence on your behalf.

The hearing officer will then issue a Statement of the Case. If you again disagree with this determination, you must file an appeal to the Board of Veterans Appeals (BVA) within 60 days after the Statement of the Case is issued. This will provide you with another hearing and an opportunity for you and your attorney to successfully argue your case.

If the BVA does not issue a favorable decision, you can file an appeal with the U.S. Court of Appeals for Veterans’ Claims within 120 days of the BVA’s decision.

Types of Veterans’ Benefits

If the VA ultimately rules in your favor and awards benefits, you would be entitled to receive monthly, tax-free payments that will vary in amount, based on the extent of your disability.

You may be eligible to receive additional amounts if you have:

• Very severe disabilities or loss of limbs;
• A spouse, children or dependent parents; or
• A seriously disabled spouse.

Surviving spouses and dependents may also be entitled to veterans’ benefits, including death pensions.

Other Veterans’ Benefits

In addition to disability compensation, there are several options for aging veterans to help them pay for long-term care, such as:

• VA Health Care System: If you are a qualifying veteran, you can receive nursing home coverage through the Veterans Health Administration. To qualify, you need to show a service-connected disability and that you require nursing home care.
• State Veterans’ Homes: A veteran may be eligible for this coverage by showing proof of active duty and a current disability that does not need to be connected to military service.
• Aid and Attendance: These benefits provide supplemental funds to veterans and their spouses who have low income or are struggling to pay for high medical costs, including nursing home care. A veteran does not need to show a service-connected disability to qualify but must meet certain income and asset tests.

As with disability compensation, the likelihood of obtaining a successful result can be significantly increased with qualified legal assistance from a Virginia veterans’ benefits attorney.

Contact Us

If your Notice of Disagreement was filed before June 20, 2007, you can hire a veterans’ benefits lawyer after a decision is issued by the Board of Veterans Appeals. If the Notice was filed after June 20, 2007, you can hire an attorney immediately.

At Marks & Harrison, we know that our help can make a difference in whether you are successful in securing the veterans’ benefits you deserve.  The sooner you contact us, the better, because pre-hearing preparation, analysis and evidence-gathering are required for an adequate representation in a veterans’ benefits case.

There is never a charge for an initial consultation, and you will pay no legal fees unless your claim is approved. Our team of veterans’ benefits lawyers and support staff strives to satisfactorily meet client objectives and goals by focusing on your case.

Contact us today by calling (800) 283-2202, using our online form or visiting us at our offices in Richmond, Petersburg, Louisa, Charlottesville, Tappahannock, Hopewell, Staunton, Fredericksburg and Portsmouth. You served our country. Now, we want to serve you.