Have you or a loved one been injured while serving in the military? If you are a veteran that was injured from your service, you may qualify for compensation through the Department of Veterans Affairs (VA). The claim process can be confusing. We have assembled a variety of questions that our Veteran Disability Attorneys receive while assisting our veteran clients through the claim/appeal process.
What is veteran disability compensation?
According to the Department of Veterans Affairs, VA Disability Compensation is a benefit, in the form of monetary payment, given to a US Veteran for their injuries before, during, or after their service. Have you become sick or injured while serving in the US Military? Did your existing injury worsen due to your service? You may qualify for Veterans Affairs disability benefits.
There is no statute of limitations when it comes to applying for your disability benefits. It is best to apply as soon as possible because the decision can take months or even years for the administration to make a decision on your claim. It is also important to keep in mind that the VA does backdate your benefits from the initial application date if your claim is approved.
How is veteran disability calculated?
The first step in receiving disability benefits is to file a VA Claim. Your compensation is usually dependent on the severity of your disability. Your military records are obtained and analyzed.
The Veterans Administration evaluates your case and rates the disability from 0-100%. Once you have a VA rating, your compensation will be calculated accordingly. However, you could be compensated for additional circumstances such as having a spouse or dependents.
Can VA benefits be garnished?
VA benefits can be garnished in some circumstances such as failure to make payments like child support. You are protected from being garnished to pay unpaid taxes and some creditor claims with your VA benefits.
Can you use veteran disability with dependents?
Yes. You are entitled to additional compensation if you are supporting a dependent including a child or a dependent parent.
When do I need a Veteran Disability Attorney?
You usually do not need a lawyer during the initial claim process. If your claim is denied or less than you expected, then contact an experienced Veterans Disability Lawyer, such as Rob Levine and Associates.
The appeal process can be a long and aggravating process. The VA administration can take between 12 and 18 months to approve or deny your appeal. The Board of Veterans’ Appeals can take up to 7 years to make a decision.
The board will send you a decision on your appeal in one of three ways:
- Allowed: The board approves and grants your benefits.
- Remanded: The board needs more information to make a decision. In this case, your request returns to the Veterans Benefits and Administration and reviewed again once all evidence is acquired.
- Denied: The board does not approve your request and you do not get the benefits.
Get a Veteran Disability Lawyer that you can trust
It is important to have a knowledgeable lawyer to go through the appeal process with you. If you are looking for a Veterans Disability Attorney, call Rob Levine & Associates today.