While proudly serving your country, you were injured. The mental toll of your injuries and is already stressful enough. Now, you need to figure out a way to provide for yourself and your family. Thankfully, there are government benefits you can apply for.
Many veterans are denied their Veteran’s Application for Compensation/Pension (VA) after a debilitating injury. You’re legally entitled to compensation if you sustain injuries while serving the country. You have rights as a veteran, and even more legal options if you’re denied.
Applying For Veterans Disability
You can apply for veterans disability through your closest Veteran Affairs office. The Board of Veterans Affairs (BVA) will review your application. To qualify for VA, you must have served for the US military and have:
- A medically diagnosed disability or illness
- Been in an incident during active service
- A disability that’s “service-connected,” or injury correlated to the injury
The BVA rates your disability from a 10 to 100 percent. This rating determines your income. Active members with an impending discharge between 180 and 60 days of service can still apply for disability through the Benefits Delivery Discharge (BDD) program.
Also Read: What Is Workers Compensation?
What to do If You’re Denied
If your claims are denied or got a poor response, you can make an appeal. The BVA doesn’t always judge your disability properly or may try to belittle it. This is when the help of a lawyer comes in handy. A lawyer can ensure you get the real compensation you deserve for your injuries.
For the appeal, you’ll need to gather evidence of your disability and how it’s impacted your life. Gather evidence such as:
- Medical evidence like doctor’s notes
- Your therapist’s statements
- Medications and various therapies you use
- Witness statements
Once you have your evidence, work with a lawyer to ensure everything is together. Remind the BVA that you will take legal action if they refuse to give you the compensation you deserve and don’t take your claims seriously.
Also Read: The Myth of Frivolous Lawsuits
Making an Appeal
Sadly, many veterans are unable to work and don’t get the proper compensation they need. The BVA needs to assess how your disability affects your life now and well into the future. You may have lost lifelong skills that prevent you from finding other work, or have lost out on other personal opportunities.
Remember to include in your appeal your needs or future needs for:
- Vocational experts
- Psychologists and therapists
- Physical therapy or other physical treatments
- The total impact the disability has on your life including time spent caring for your illness
- Doctors visits and necessary surgeries
- Ongoing medical bills
- The impact on your family and livelihood
Call a lawyer to see if they can offer you a limited scope retainer. They can help you go over your appeal to ensure you have a strong argument.
Receiving Back Pay On Your Disability
Back pay pays for a percentage of your benefits that you should’ve originally received. If your disability is rated as 80 percent or higher, you should get back pay on your appeal. It’s incredibly difficult to meet the BVA’s ridiculous standards for this high of a rating. If your disability has lifelong effects and impacts your ability to work, you should have a higher rating.
When To Call A Disability Lawyer
The time you spent proudly serving your country shouldn’t be forgotten. If you’re unsure about your eligibility or disability rating, speak with a lawyer. Although lawyers can be expensive, your veterans disability need to help compensate for anything affected by your disability. Your compensation is essential for you and your family to live a fulfilling life without worry.
You deserve compensation for your pain and suffering, and if the BVA refuses to recognize your injuries, a lawyer will be on your side. Call a lawyer today if your claims were denied.