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An Overview of VA Disability Claims

Posted by Gregory M. Rada | May 24, 2019 | Disability Compensation

Serving one’s country as a member of the military requires a great deal of personal sacrifice, particularly time away from loved ones. The honor that comes with this service, however, is something that continues long after discharge. But life after military service can be marred for many by the onset of a related disability that prevents them from working and living a full life. The Department of Veteran’s Affairs (VA) offers disability compensation to veterans who were injured in the line of duty and sustained an ongoing disabling condition that impacts their life.

As with any governmental agency, though, obtaining approval is not simple or easy, and filing the wrong paperwork or missing a deadline can completely derail an otherwise legitimate disability compensation claim. Working with an experienced VA disability attorney gives veterans the best opportunity to secure benefits, but, in light of the fact that a VA disability compensation claim is a multi-step process that requires a lot of involvement of the veteran throughout the process, it is important that one understands the basics of initiating a claim and how it is evaluated according to VA disability compensation rules and regulations.

 

Who Is Eligible to Apply?

VA disability benefits are limited to a specific set of individuals who meet certain classification and injury-related requirements. As a preliminary matter, a person must fall into one of the following categories to have any right to VA disability benefits:

In addition, the veteran must have a diagnosed disease or condition that can be connected to an injury or incident that occurred during active duty. It is also possible to qualify if the diagnosed disability appears on the presumed disability list, which is part of evaluating whether the claimed condition and associated limitations qualify for benefits.

 

Filing the Initial Claim

As a practical matter, a VA disability claim may be submitted online, fax, in-person, or through the mail. Ideally, the claim is filed before discharge occurs, as these are processed faster, which should lead to receiving benefits sooner. Claims filed just before discharge or after separation from the military will be processed as a standard claim and take more time to complete, but there is no time limit restricting when a claim for VA disability compensation benefits need to be filed, i.e., while more complicated, an incident 20 years ago could be identified as the source of a present disabling condition. To support the claim for disability compensation benefits, the claimant must submit documentation related to the disabling condition. This evidence may be provided up to one year after the application is filed, and should include:

 

Speak to a Disability Benefits Attorney

Serving this country is a great honor, but it can come with a heavy price if you are left with life-long disabilities. Put yourself in the strongest possible position to have your appeals approved and talk to an experienced disability benefits attorney about your situation. Gregory M. Rada, Attorney at Law understands the bureaucracy a disabled veteran faces when seeking disability benefits, and will give your case the personal attention it needs to get approved. Contact me today at (844) 385-5665 for a free phone consultation.