Veterans Disability Benefits and Negligence Claims
Application Rejected? Our Veterans Benefits Lawyer Can Help
If you sustain an injury while serving in the military, whether on active duty or while working on a military base, then you may be able to collect compensation. In the event that your injury prevents you from working in the future, you may qualify for veterans disability benefits as well. However, many veterans who apply for rightful benefits receive a denial and must appeal. In some cases, this can mean that years pass before you receive the compensation you deserve. Having an experienced veterans benefits lawyer on your side gives you a better chance of approval, and can even expedite the process in some cases. You may also be entitled to Social Security disability benefits in addition to VA benefits.
Have you or someone you love applied for VA benefits and been denied? At Riddle & Brantley, LLP, we have been helping veterans throughout North Carolina obtain the benefits they deserve for more than 30 years. We represent claims for disability benefits for veterans as well as personal injury claims for active service members. Additionally, we have experience with claims involving Cherry Point and Camp Lejeune water contamination. In these cases, family members of military personnel and civilian employees may also qualify for benefits. If you are unsure if you are eligible or have been denied benefits, contact us today for a free consultation. We offer free consultations for both VA benefits and Social Security disability, and we can discuss your eligibility for both cases in one phone call. We are available 24 hours a day, 7 days a week.
When Can I Apply for Veterans Disability Benefits?
Military personnel increasingly serve longer, both overseas and at home. In many cases, a serviceman or woman may serve multiple, consecutive tours under dangerous, difficult and stressful conditions. Many return to civilian life with physical, mental, and emotional injuries and conditions (seen and unseen) that render them unable to resume a normal, income-producing life. The Department of Veterans Affairs (VA) recognizes this reality.
Benefits are available for veterans who are not dishonorably discharged (your discharge can be Honorable or General to qualify) and who have a service-related injury or condition. This can mean you suffered an injury or developed a physical or mental condition while in service. However, you may also be eligible for VA benefits if a previous condition became worse while you served.
Additionally, your condition does not have to be totally disabling. The VA has a system of percentage ratings that awards benefits based on the extent of your disability. For example, if a brain injury causes you to be 50% disabled, you may be entitled to a 50% “disability rating” and corresponding benefits. However, this system is complex, and your disability rating may not be the same as your “compensable rating,” which determines your monthly payments. It is best to consult a veterans benefits lawyer for more information about your specific circumstances.
Can I Receive Veterans Disability Benefits for Any Injury?
You may qualify for disability benefits or other compensation for any service-related injury. This means the cause of your disability does not have to be a “battlefield wound.” Even if you injured your knee during a softball game while on active duty, you may still qualify for benefits. Any injury or accident on a military base may be grounds for a personal injury claim and possibly disability benefits. Our attorneys have experience assisting veterans stationed at bases across North Carolina, including:
Alcohol or drug abuse-related disabilities may also entitle you to benefits. These conditions may qualify if the problem relates to a condition that arose during your service. The same is true for mental or emotional conditions, which may be disabling.
Similarly, if you were exposed to a toxic substance or chemical, like those affected by the Camp Lejeune water contamination, you may be eligible for compensation. Occasionally, as in the case of Camp Lejeune, special laws and regulations entitle victims to additional compensation.
Sometimes, if you have already been found partially disabled by the Veterans Benefits Administration, it is possible to increase your benefits. If you do not think your current percentage rating is fair or adequate, then a veterans benefits lawyer from our law firm can help you seek a new evaluation. We do not charge any up-front fees for representing veterans in these claims. Our fee comes from any past-due benefits you eventually receive. If you do not win your case and receive back benefits, then you owe us no attorney fees.
How to Avoid the VA Benefit Claim Backlog
The VA is woefully understaffed and under-resourced. This has resulted in well-documented backlogs on processing veterans disability benefit claims. The VA recognizes this and has implemented a program whereby veterans, with the right help from a lawyer or other representative, can avoid or minimize delays. This program is called the “Fully Developed Claim” or FDC for short.
The concept behind an FDC is that the veteran waives the right to VA assistance in developing a benefits claim. Instead, a veteran may proceed straight to the Regional Office with the claim. Properly done, this can get you a decision within just a few months. Otherwise, you may wait eight to eighteen months—the “normal” delay.
To utilize this process, you must make sure that you have the entire claim and all required documentation properly assembled. Otherwise, you are likely to be denied. In a standard disability benefits claim, a VA representative would assist you in gathering documentation and completing the proper forms. For an FDC, you must do this yourself, with the help of qualified legal counsel. In essence, you and your attorney do the VA’s job by gathering the evidence you need to support your case. Then, we submit it directly to the Regional Office that makes the decision.
However, an FDC does not help if you have already received a denial after going through the initial application process with the VA’s assistance.
Need Help Filing for VA Benefits or Appealing a Denial? Call Us Today
At Riddle & Brantley, LLP, each of our attorneys has family members that have been in the military at one point or another. We have a strong connection to the military and believe that all disabled veterans should receive the benefits they deserve. Therefore, we represent injured servicemen and women from military bases throughout North Carolina and nationwide. We also help prepare and submit disability applications and FDCs.
If you have questions about eligibility requirements or any other veterans injury compensation issue, then contact us today. We can explain your legal options and help prepare your claim. Our lawyers will work relentlessly on your behalf because Justice Counts.
We have four office locations, in Goldsboro, Raleigh and Kinston as well as Jacksonville, home of Camp Lejeune. We also represent clients nationwide. If you cannot visit our offices, we will come to you. All consultations are FREE and we always work on a contingency fee basis. So, if you do not receive benefits, you owe us nothing. For more information, we welcome you to call (800) 525-7111 or complete a free case evaluation form.