Establishing Eligibility For Compensation
Veterans seeking service-connected disability compensation have the right to file a claim with the Department of Veterans Affairs (VA) if they can establish a connection between their military service and their current medical condition. This requires demonstrating that the condition was incurred or aggravated during active duty. Service connection is typically proven through medical records, service records, and supporting statements that link the condition to the veteran’s time in service. Veterans have the legal right to access these records and use them to support their claims.
Accessing VA Resources
The VA is obligated to provide resources to assist veterans in filing claims for disability compensation. This includes access to medical evaluations, information about eligible conditions, and guidance through the claims process. Veterans have the right to receive clear communication about what evidence is required and the status of their claims. The VA also has a duty to resolve claims in a timely manner, though delays can sometimes occur.
Appeal Rights
If a claim is denied or if the disability rating assigned by the VA does not reflect the severity of the condition, veterans have the right to appeal the decision. Appeals can be made through a Higher-Level Review, a Supplemental Claim with new evidence, or by filing a Notice of Disagreement to request a hearing with the Board of Veterans’ Appeals. Each appeal option allows veterans to present additional evidence and arguments to support their case.
Securing Representation
Veterans are entitled to seek representation when pursuing service-connected disability compensation. Working with a service-connected disability lawyer can help veterans better understand their legal rights and strengthen their claims. Attorneys can attest to the value of legal representation in addressing errors, preparing appeals, and advocating for fair compensation. Legal representation can also help veterans interpret VA decisions and identify the best steps forward.
Receiving Fair Compensation
When a claim is approved, veterans are entitled to receive compensation based on the severity of their disability. The VA assigns a disability rating in 10% increments, ranging from 0% to 100%, which determines the monthly benefit amount. Veterans have the right to appeal their rating if they believe it does not accurately reflect the impact of their condition. Additionally, if a condition worsens over time, veterans can request a reevaluation to increase their rating.
Additional Benefits
Veterans with service-connected disabilities may also be eligible for additional benefits, such as healthcare through the VA, vocational rehabilitation, and dependent compensation. These benefits are designed to provide comprehensive support for veterans and their families as they manage the challenges associated with their conditions. Veterans have the right to explore these options and apply for benefits that address their specific needs.
Veterans who served their country deserve fair treatment when seeking service-connected disability compensation. If you have questions about your rights or need help with a claim, contacting a service-connected disability lawyer can provide valuable guidance. Our friends at Glover Luck LLP are dedicated to helping veterans secure the benefits they’ve earned, offering compassionate and effective legal support every step of the way.