Frequently Asked Questions About Injury and Disability

It is natural to have many concerns and questions as you recover from an accident or injury. Here, the lawyers at the Injury and Disability Law Center, LLC, share their perspective on many of the most common worries. Find out what to expect from the legal system, what compensation may be available, how to protect your claim, and much more.
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  • How do I file a VA disability claim?

    Veteran Benefits Key on a KeyboardThere are a few critical requirements when filing a claim with the United States Department of Veterans Affairs (VA). Processing the initial claim for VA benefits may take as little as a few months or as long as several years, so there is no time to waste. To secure your compensation as early as possible, you should apply for benefits as soon as you determine that you are disabled.

    Ways to Apply for VA Benefits

    There are a few options when applying for benefits. You may apply for VA benefits by:

    ●     Calling 800-827-1000.

    ●     In person by visiting your local VA office.

    ●     Online by using the eBenefits website.

    ●     Completing and submitting Form 21-526EZ.

    Specify Your Illnesses and Injuries

    When you complete the application, list the specific illnesses and injuries for which you are requesting disability benefits, along with the date your symptoms appeared. You should only claim disabilities or illnesses you had in service if you are still suffering from the condition, or if you suspect that you may develop complications in the future.

    Gather Documentation of Your Illnesses and Injuries

    You’ll need documentation of your injuries to support your claim. Documents you should submit with your application may include:

    ●     Medical clinic and hospital records related to your injury or illness. While your benefits application allows you to sign a medical records release, many private medical providers ignore VA requests for these records. Submitting medical records with your application eliminates this problem.

    ●     Supporting statements from friends, family, clergy, law enforcement, or other veterans regarding your injury or illness.

    ●     VA medical and hospital records related to your injury or illness.

    Help With Your VA Disability Claim

    If you need assistance with your disability claim, you can visit your local VA office. You may also get help from a disability lawyer. An experienced disability benefits attorney can review your claim, gather vital evidence, and prepare the necessary paperwork to help you receive the compensation you deserve. If you’ve been injured in service to your country, we can assist you with your VA benefits claim. Call us today or complete the contact form on this page.

     

  • Am I eligible to receive VA disability benefits?

    Disability benefits are available to Veterans with a history of active service and specific service-connected disabilities.

    Eligibility for Veterans Disability BenefitsMilitary Service Requirement for VA Disability Benefits

    The most basic Department of Veterans Affairs (VA) benefits requirement that must be met is a history of active service. To be considered active, a Veteran must have served either:

    • Full-time in the United States Marine Corps, Army, Navy, Air Force, or Coast Guard
    • As a cadet at a United States Military, Air Force, or Coast Guard academy or as a midshipman at the U.S. Naval Academy
    • In the Reserve or Air or Army National Guard, when service is activated by the federal government

    The active service requirement may also be satisfied in some cases by having a history of:

    • Service in certain national organizations affiliated with the Armed Forces
    • Engaging in training for the Armed Forces
    • Enrollment at a preparatory school at the Military, Coast Guard, or Air Force academies

    There are a couple of conditions which may prevent Veterans from qualifying for benefits. These include:

    • Dishonorable discharge. A Veteran who has met the active service requirement still won’t be eligible for benefits if he or she has received a dishonorable discharge. However, Veterans with other types of discharges, including honorable discharges, discharges under honorable conditions, and general discharges will still qualify.
    • Willful misconduct. Willful misconduct is behavior that involves conscious wrongdoing or a known prohibited action. Veterans seeking VA benefits due to a disability created by their own willful misconduct will be ineligible to qualify for those benefits. However, the burden of proof is on the VA to show that the Veteran’s willful misconduct led to the disability.

    Military Service-Connected Illness or Injury Requirement

    To be compensable, a Veteran’s disabilities must stem from a disease or injury sustained or aggravated in the course of active military service. These disabilities are considered to be service-connected, and they are rated from zero percent to 100 percent. A Veteran must be at least 10 percent disabled by a service-connected injury or illness in order to receive compensation, and pay rates increase as this percentage rises.

    Help Obtaining VA Disability Benefits

    The process of qualifying for and receiving disability benefits can be confusing, but an experienced Veterans disability attorney can provide the assistance you need to get the maximum allowable compensation for your service-connected injury or illness. To learn more about how we can help, contact us today by clicking the Live Chat button on this page.