Call Us Now
Email Us Now
Are You a Veteran Who Needs Disability Benefits?
If you are a veteran who is living with a service-related disability, you may be eligible for monthly disability benefit payments from the Department of Veterans Affairs (VA), but to obtain those benefits – from anywhere in the United States – you may need the advice and services that a Wisconsin veterans disability lawyer provides.
Department of Veterans Affairs disability benefits are tax-free. These benefits are paid each month to veterans who are struggling with diseases or injuries as a result of their active duty and veterans who have diseases or injuries that were exacerbated by active duty service.
As of 2024, if a veteran has received a 100 percent VA disability rating and has no children, the Department of Veterans Affairs will pay that veteran $3,737.85 in monthly disability benefits.
Who is Qualified to Receive VA Disability Benefits?
Some of the veterans who apply for disability benefits may be told, at least initially, that they do not meet the qualifications for receiving disability benefits. Here is a general summary of who may qualify for VA disability benefits if honorably discharged:
- Disabled U.S. Army, Navy, Air Force, Marine, and Coast Guard veterans may qualify
- Disabled National Guard veterans and Reservists activated by federal order may qualify
How Does a Veteran Apply for VA Disability Benefits?
To apply for VA disability benefits, you will need to fill out your claim form completely. You can apply for VA disability benefits online at the Department of Veterans Affairs website.
When you submit your claim for VA disability benefits, you will want to include any medical evidence of your injury or illness.
With an original claim – that is, the first claim you file for VA disability benefits – you must tell the VA that you have a current disability and either provide medical evidence, tell the VA where medical evidence is available (the name and address of the provider you see for the condition), or provide a statement that describes your symptoms.
What Medical Evidence Can Be Helpful?
Providing sufficient medical evidence is the key to prevailing with your disability claim. The medical evidence that can help you succeed with your claim for disability benefits may include:
- Medical records from private doctors, VA centers, and other sources, including hospitalization records and other test results
- Medical opinions from private doctors and other medical providers (A doctor can write what is called a “nexus” letter that connects a veteran’s active service to his or her current condition.)
- Military medical records, which can usually be acquired by completing and submitting Form SF-180 (“Request Pertaining to Military Records”)
What if Your Original Claim for Disability Benefits is Rejected?
About thirty percent of the claims filed for VA disability benefits are denied every year. If your original claim is rejected, you may contest that decision with a supplemental claim and help from a Wisconsin veterans disability attorney. To prevail with a supplemental claim, you must:
- Present the Department of Veterans Affairs with new information that supports your disability claim, or
- Seek a review of your claim on the basis of a change in the law – a change that now makes you eligible for VA disability benefits
Generally speaking, any new information must be strong and persuasive enough for the Department of Veterans Affairs to reopen your claim. If you aren’t sure whether the evidence you have meets that requirement, a Wisconsin veterans disability lawyer can help.
What if Your Supplemental Claim for Disability Benefits is Rejected?
If you disagree with the decision of the Department of Veterans Affairs regarding your supplemental claim, you have these options:
- File a request for higher-level review, which is a review of the evidence already of record by a more experienced VA employee,
- File a supplemental claim if you have new and relevant evidence.
- File a Notice of Disagreement with the Board of Veterans Appeals.
If you do not have additional new and relevant evidence to submit but are not ready to appeal to the Board of Veterans Appeals, you would request a Higher-Level Review, where a more experienced rater will review your case. These claims generally take between four and six months.
However, if there is new evidence in support of your claim, you may request another supplemental claim or appeal to the Board of Appeal, where a Veterans Law Judge will review your case. A supplemental claim will generally take between four and six months, while an appeal to the Board can take three to five years.
When Will You Need to Contact an Attorney?
Speaking to an experienced veterans disability attorney when determining your appeal options ensures that you understand what appeal path is most beneficial for you, andwhat type of medical evidence must be submitted to the Department of Veterans Affairs.
From anywhere in the nation, you can speak to a member of the legal team at West & Dunn. We’re ready to help.
Let West & Dunn Help You Obtain VA Disability Benefits
West & Dunn works with veterans across the U.S. who seek VA benefits because of a service-related disability. West & Dunn was founded in 2016 by attorneys Travis West and Shana Dunn, who have helped scores of veterans obtain approval for the VA disability benefits they need.
Today, an entire team of attorneys and paralegals at West & Dunn help veterans apply for and receive disability benefits. If you need disability benefits or if you need to appeal a denial of your benefits, call West & Dunn today – from anywhere in the U.S. – at 608-490-9449 to schedule an initial consultation.
During that first consultation, the legal team at West & Dunn will review your case, determine your claim status, and explain your options. We look forward to helping our nation’s veterans obtain the disability benefits they deserve and need.
