We Help With Appeals for Veterans Disability Benefits
Statistics published by the Bureau of Labor Statistics (BLS) show that an estimated 4.7 million veterans were living with disabilities in the U.S. during 2019. Millions of veterans suffer from disabling health conditions related to their service. For some veterans, a disability can make it difficult or impossible to work. Eligible veterans can take advantage of benefits that may help cover basic life expenses or even housing. However, filing a claim with the Department of Veterans Affairs is not always an easy process. The department may deny claims for benefits, leaving veterans and their family members without the support they need to survive.
At The Law Offices of Wilkerson, Jones & Wilkerson, we have a commitment to helping our nation’s veterans in their time of need. Our firm’s founder, Craig Wilkerson, is a former U.S. Marine Corps Captain and JAG Officer. If you are in the process of appealing a denied VA disability claim, then we encourage you to contact us for a free consultation.
Below, our South Carolina disability attorneys answer some of the most common questions about veterans disability benefits.
- What Are Different Types of Veterans Benefits?
- Do I Qualify for Veterans Disability Benefits?
- What Health Conditions Qualify for VA Benefits?
- Can I Increase VA Benefits?
- Do Disabled Veterans Have to File Taxes?
- Do Spouses of Disabled Veterans Get Benefits?
- How Do I Apply for Benefits?
- What If the VA Denies My Claim?
What Are Different Types of Veterans Benefits?
Eligible veterans can receive benefits that help pay for basic expenses, medical care and housing. Below are some of the different options that may be available.
- Disability Compensation. This is a tax-free, monetary benefit you may qualify for if you suffer from a condition that was caused or aggravated by your military service. Mental and physical health conditions may qualify for benefits through the VA. You do not necessarily need combat experience to qualify for VA benefits. Additionally, you may still qualify for benefits if you are able to work. Unlike many other types of disability benefits, there is no income cap to receive VA disability benefits.
- Non-Service Connected Pension: If you meet the income requirements and develop a disability after serving in the armed forces, then you may qualify for a non-service connected pension. The amount of these monthly payments depends on your financial need. Survivors may also qualify for benefits.
- Housing Assistance. The VA may also be able to help with housing assistance. You may qualify for a housing grant, including financial assistance for modifying an existing residence to accommodate your disability.
Do I Qualify for Veterans Disability Benefits?
We encourage you to contact our South Carolina law office for a free consultation to learn more about eligibility requirements. There are different requirements depending on the types of benefits you are seeking. Each case is different. By speaking with an attorney, we can give you more detailed answers.
However, for veterans disability compensation, some general requirements may include:
- Did not receive a dishonorable discharge;
- Have a service-related physical or mental disability;
- Have a physical or mental condition that worsened as a result of service;
Each case is different and the eligibility requirements are not always easy to understand. You can reach us for a free consultation by dialing (803) 324-7200 or by using the contact form on our site.
What Health Conditions Qualify for VA Benefits?
Much like with questions for general eligibility, we encourage you to contact us if you have questions about recovering benefits for a specific health condition. There are a number of health conditions that qualify for benefits. Some common conditions include:
- Burn injuries
- Loss of limb
- Post-Traumatic Stress Disorder (PTSD)
- Brain injury
- Spinal cord injury
- Radiation exposure and resulting illness
- Hearing loss
- Vision loss
- Illness caused by exposure to hazardous materials
- Anxiety disorders
- Dissociative disorders
Can I Increase VA Benefits?
Depending on the circumstances, you may be able to increase the amount of disability benefits you receive from the VA. It would depend on whether you could demonstrate that your health condition worsened. If you can demonstrate the condition worsened, then you should ask the VA to reevaluate your disability rating.
There are also other potential options, such as filing a claim for a secondary service connection. This could result in a larger combined disability rating for your claim. Another potential option is seeking Total Disability Individual Unemployability.
Do Disabled Veterans Have to File Taxes?
Veterans’ disability compensation is tax-free. You do not have to pay federal income taxes on these benefits.
Do Spouses of Disabled Veterans Get Benefits?
Spouses, survivors or dependents of disabled veterans may qualify for certain types of benefits. These individuals may receive benefits that help pay for health care, school, job training or life insurance.
If you are the child, surviving spouse, or parent of a child who died in the armed forces or from a service-related injury or illness, then you may qualify for benefits, including Dependency and Indemnity Compensation benefits.
Much like direct disability benefits paid to a veteran, there are eligibility requirements for benefits paid to family members or dependents. You may contact us for a free consultation if you want to learn more about eligibility and appealing a denied claim. .
How Do I Apply for Benefits?
The application process varies depending on the circumstances. If you filed for benefits, but received a denial, then you would need to go through the appeals process. The VA may also ask some veterans to undergo a medical examination. We have more information about the VA application process on our website.
What If the VA Denies My Claim?
The VA may deny a claim for disability benefits for any number of reasons. However, you may be able to successfully appeal the VA’s decision and obtain benefits. Appealing a denied VA disability claim is a difficult process that may be even more difficult without skilled legal representation.
If the VA denied your disability benefits, then we encourage you to contact our disability attorneys for a free consultation. We can explain your options for filing an appeal with the VA.