Veterans who are disabled due to injuries or conditions incurred as a result of their military service, or injuries or conditions that were aggravated as a result of their service, may be entitled to Veterans Disability Benefits through programs administered by the Department of Veterans Affairs. In order to be eligible for benefits, a person must have been discharged under other than dishonorable conditions.
Persons who are awarded benefits receive a monthly check. These payments can range from $127.00 to over $3000.00 per month and are tax-free. The amount of the payment depends on the nature and severity of the disability and the veteran’s family situation. In addition to the Federal programs, many states have programs to assist veterans who are residents of that state.
Filing of an application with the VA
The process of obtaining benefits begins with the filing of an application with the VA. The application must be on the appropriate form and accompanied by supporting documentation to establish the various elements of a claim for benefits. Once the application is submitted, it will be reviewed and a decision made as to whether or not the veteran qualifies for benefits. If benefits are awarded, a disability rating will also be determined. This rating is a major factor in determining the amount of the monthly payment the veteran will receive.
Denied Veterans Disability Benefits Application?
If the application is denied, or if the veteran disagrees with the disability rating, the next step is to appeal the decision for hearing before a Disability Review Officer (DRO) or the Board of Veterans Appeals (BVA). The first step in the appeals process is the filing of a Notice of Disagreement (NOD). Care must be taken in preparing the NOD as it can limit the scope of the issues that can be raised on appeal.
After the NOD has been filed, the veteran will be asked to select the appeal route he or she wishes to take. If the veteran chooses initial review by a DRO, that decision, if unfavorable, can be appealed to the BVA. The procedure that must be followed once the case reaches the BVA is somewhat formal and complicated and can be quite daunting for someone who is not experienced in these matters.
Free Consultation
If you or a loved one are disabled as a result of military service, contact the attorneys at Ted A. Greve & Associates for a free and confidential initial consultation and evaluation. If we feel your case has merit, we can assist you in preparing and submitting your application for benefits. If you have already applied and have been denied, or if you disagree with the disability rating you have been given, we can represent you in appealing those decisions.
The processing of claims for veterans’ benefits is not done quickly. Getting it right the first time can shorten the delay between your applying and when you start receiving benefits. These cases are taken on a contingency fee basis, so you will owe no legal fees until you are awarded benefits.
