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We owe our veterans in Tavares for all they have done to protect our country. That’s why our veterans’ benefits attorneys at Morgan & Morgan feel so strongly about helping the brave men and women who have been injured or disabled as a result of their service get the benefits they need and deserve.
Unfortunately, the U.S. Department of Veterans Affairs (VA) does not always make it easy for veterans to get their disability benefits. Even a small clerical error in the paperwork can lead to a rejected claim, resulting in serious financial hardship for veterans and their families.
That’s why veterans who have been disabled during or as a result of their time in duty should contact an experienced attorney in Tavares to represent their best interests from the very start.
Our veterans’ benefits attorneys can help make sure your application for disability benefits complies with all necessary rules and regulations. We will also help you through the complex appeals process if your previous claim for benefits was denied.
If you believe that you were unfairly denied veterans’ benefits from the VA, we can help. To learn what our Tavares veterans’ benefits attorneys may be able to do for you, please fill out our free case evaluation form today.
Eligibility for Veterans’ Disability Benefits
According to the VA, in order to qualify for your disability benefits, you must meet these four basic requirements:
- The applicant must be a veteran;
- The applicant must have a current medical condition;
- The applicant must have sustained an injury or disease that happened during service; and
- The applicant’s current disability must be related to their time in duty.
Proving that your disability or illness was related to service can often be difficult and can require a medical diagnosis that proves a connection between an in-service injury and the current disability.
Types of Disabilities That Qualify for Benefits
A list of disabilities that qualify for benefits under the VA includes but are not limited to, the following:
- Loss of limb;
- Hearing impairment;
- Diseases related to toxic exposure;
- Traumatic brain injury (TBI);
- Spinal cord injuries;
- Shrapnel wounds;
- Nerve damage;
- Post-traumatic stress disorder (PTSD); and
- Anxiety and depression.
The exact amount of disability benefits paid out by the VA program is dependent upon the severity of the disability. The spouse and children of veterans with severe disabilities such as those who’ve lost a limb may receive additional payments, as well.
Appealing Denied Benefits
Oftentimes, veterans will have their initial claim denied by the VA, and they will need to file an appeal.
Our attorneys can help you with all stages of the appeal process, including:
Review by the Local VA Office: Your attorney may file a Notice of Disagreement with the VA office in Tavares if your claim has been denied. The Notice of Disagreement must be submitted within one year of the date that your VA office mailed its original decision denying your claim.
File an Appeal with the Board of Veterans’ Appeals: If your claim remains denied after the review by the VA office in Tavares, your attorney may file an appeal with the Board of Veterans’ Appeals. As part of the appeal to the Board of Veterans’ Appeals, you have the right to a personal hearing.
File an Appeal with the U.S. Court of Appeals for Veterans Claims: The final step in the veterans’ appeal process is filing a lawsuit with the U.S. Court of Appeals for Veterans Claims. If your claim was improperly denied by the Board of Veterans’ Appeals, your attorney may file a Notice of Appeal with the United States Court of Appeals for Veterans Claims.
Our Veterans’ Disability Attorneys in Tavares Can Help
Our Tavares veterans’ benefits attorneys will fight to secure the rightful benefits for veterans with disabilities. We also can help surviving spouses and surviving children of veterans who have died while on active duty or due to a military service related illness to recover the compensation they need for financial stability.
If you or someone you love is a veteran with a disability struggling to get the benefits they deserve from the VA, we may be able to help. To learn what our Tavares veterans’ benefits attorneys may be able to do for you, please fill out our free case evaluation form today.