How to Qualify For Veterans Disability Compensation
If you're a veteran suffering from an injury or illness that was caused by military service, you could qualify for
veterans disability lawsuits disability compensation. But the process can be complex.
It is recommended to send your claims documentation as soon as you are able to. VA requires time for these documents to be reviewed and give an assessment.
Disabilities related to service
Service-related disabilities are those that have been incurred or worsened during military service. These include physical health conditions like chronic knee injuries or Lou Gehrig's disease and mental health issues such as PTSD. These include chronic skin conditions that require frequent VA visits for specialized products or appliances. These veterans typically get compensation and other services that include no-cost healthcare as well as prescription drugs.
To prove that they have a connection to their service veterans must provide medical evidence that links their condition to their military service. This is typically based on service treatment records. However independent medical opinions and an nexus statement can also help.
The VA uses a rating scale that is based on Congressional law, to determine which conditions are suitable for compensation and at what percentage. In general the higher the rating for disability, the more benefits available.
A 100% permanent and total disability rating is the most prestigious rating and means that a veteran isn't able to pursue any type of job that is lucrative. If they have a rating this high can be eligible for monthly benefits that are called Aid and Attendance. This is a way for veterans with disabilities or their surviving spouse receive assistance in daily activities like dressing, bathing, feeding, cleaning and attending to nature's needs. This includes organizing transportation and modifying the home to make the house easier to access.
Permanent and Total Disabilities
For many
veterans disability law firm, a VA determination of disability is a lifeline. The additional income from a disability determination can be very helpful and affordable because it is tax-free. It might not cover the mortgage, but it can aid in putting food on the table and help kids through college. It could be the difference between living in poverty and having a roof over your head and a car in the garage.
Once a veteran's claim is accepted at the Regional Office level and they receive an official Rating Decision. The decision lists their conditions that are connected to service and assigns a disability rating to each. In some instances a single condition is rated as 100 percent, while in other instances, multiple conditions are combined into what's called the Total Disabled Individual (TDIU) rating. TDIU signifies that the combined effects of all your ailments hinder you from maintaining substantially gainful employment, and this is an indefinite designation.
You can apply for an upgrade to a permanent rating if you have a TDIU. To apply for this, you have to file a claim for Special Monthly Compensation. The VA offers this benefit to
veterans who are permanently and totally disabled due to an loss of organs, amputation or body parts, or a combination of both. This is a permanent distinction, however, the C&P examiner could reduce your rating if they find that your impairment has improved or may improve in the near future.
Service-Related Disabilities
Many veterans suffer from conditions which have a significant effect on their ability to live an active or productive life. These include chronic pain, mental health issues (like PTSD), and injuries. Disability compensation may help veterans to offset the financial effects of these conditions, which can be severe and last for a long time.
The VA utilizes an assessment system that determines the severity of disability and benefit amounts. The ratings vary between 0% and 100% with higher percentages indicating greater levels of disability. The rating is based on a variety of factors, including the impact the illness or injury can have on the veteran's daily activities and life.
Veterans may be able to prove a direct service connection with their impairment in certain cases. If there is proof that the injury or illness occurred during military service, the head injury that is traumatic or paralysis might be considered a direct service connection. However, certain conditions such as tinnitus or depression or anxiety disorders are considered to be secondary conditions that are not directly related to the veteran's military service.
Veterans must submit as many medical records and other proof as possible to claim benefits. This could include medical records from private sources and service treatment records. A County Veterans Service Office, or Veterans Service Representative, can aid in the speeding up of the process of filing claims. It is important that you report dates of treatment as accurately as you can and submit the requested information as quickly as possible to the VA.
PTSD
It is possible to experience long-lasting effects on both your body and mind following an event that is traumatic. This can result in flashbacks, nightmares, difficulty concentrating at work or school, feelings of fear or horror, as well as a lack of interest in the things you used to love. It could also lead to anxiety or depression, and could lead to abuse substances.
The good news is that there are effective treatments for PTSD. They can assist you in getting your life back on track and reduce your symptoms. They typically involve psychological treatment such as talking therapy or counseling but medicines are also available.
Research on PTSD has shown that the condition isn't only caused by trauma but changes in the way your brain works. It can also be aggravated by environmental and personal factors like living in areas of war or having a history of mental illness.
Mental health conditions, such as PTSD are regarded as "high-value" claims by the VA because they are harder to disprove with medical evidence than conditions like neurological, skin or musculoskeletal disorders. Moreover, veterans who have debilitating mental health conditions are much more likely to be awarded a disability rating of 30% or more than those with other conditions.