When you’ve served this country in the armed forces, the least society can do is help support you when you get injured. Unfortunately, there are many hoops to jump through before getting the veterans’ disability benefits you deserve, and there is a high rate of denial. If you have been denied benefits, contact us today.
Newport News Veterans Disability Lawyers
Newport News Veterans Disability Lawyers
One of the most common reasons for VA claims to be denied is lack of medical evidence.
During the pandemic, thousands of VA claims were improperly denied.
The VA has admitted to an error rate of 14%, but a study by The Center for Investigative Reporting found that rate to be closer to 38%.
Disability Ratings and Compensation in Newport News Veterans Disability Claims
Veterans disability benefits are based on the severity of your condition. When you file a claim for benefits, the VA will assess your case and ultimately assign you a disability rating. These are given out in 10% increments, with 0% meaning the VA does not consider you disabled at all and 100% meaning that it considers you completely disabled.
The amount of compensation you receive is determined by these disability ratings. As of December 2023, the breakdown of benefits per month for a veteran with no dependents, spouse or parents is:
- 10% rating – $165.92
- 20% rating – $327.99
- 30% rating – $508.05
- 40% rating – $731.86
- 50% rating – $1,041.82
- 60% rating – $1,319.65
- 70% rating – $1,757.06
- 80% rating – $2,041.15
- 90% rating – $2,293.39
- 100% rating – $3,757.00
The amount of monthly compensation is determined by a graduated scale according to a disability rating from 0% to 100%. Even if you already collect SSDI, you may still be entitled to veterans’ benefits. If you are experiencing physical and/or mental health problems, tinnitus, have Agent Orange exposure, Gulf War Syndrome or any other military related health problems, you believe are the result of your active-duty military service, contact us for a free consultation.
What You Need to Make a Successful Veterans Disability Claim in Newport News
Primarily, your disability status is proven by medical records and an assessment from medical care providers. The Department of Veterans Affairs will set you up with a Compensation & Pension Exam with an approved doctor, but it might also be a good idea to get an outside opinion.
The main source of evidence used in establishing a connection between your military service and disability is your military record of service. This should include the dates of your service, the details of your discharge, and information regarding any injuries you sustained while a member of the United States military.
To get benefits, you and your Newport News veterans disability attorney will need to prove that:
- You became injured/disabled during your time in the military; or
- You had a pre-existing illness or condition that was made worse by your time in the military.
There are some disabilities, known as “presumed disabilities,” that are automatically considered to be service-connected. In other words, you can get benefits as long as you show adequate proof that you served in the military and that you have one of these qualifying conditions. They include:
- Conditions known to be associated with Agent Orange exposure
- Injuries and conditions associated with sexual assault during your time in the military
- Any chronic illness that appears within a year of your discharge from service
- Illnesses or conditions you sustain while a prisoner of war
Appealing Your VA Disability Claim in Newport News
There is an alarming number of veterans’ disability claims that are denied each year. Sometimes, the reason is that the paperwork was filed incorrectly or did not include enough evidence. Sometimes, it’s because of inexperienced evaluators wrongfully denying claims.
Depending on the circumstances of your claim’s denial, Newport News veterans disability lawyers can help you appeal a decision that did not go in your favor.
Appeal Strategy #1: Higher-Level Review
When you seek a higher-level review appeal, you simply escalate your claim to a more experienced evaluator. This means your claim remains as it is, and you are not allowed to add more evidence.
Appeal Strategy #2: Supplemental Claim
A supplemental claim is a technique used when you and your attorney believe the reason for your denial was a lack of evidence. This appeal essentially constitutes the filing of a new claim with additional evidence for your injury and service connection.
Appeal Strategy #3: Board Appeal
Board Appeals escalate a claim to a Veterans Law Judge at the Board of Veterans’ Appeals. This can be a good strategy if your attorney believes your claim was wrongfully denied, as it means your claim will be handled by a judge with experience in veterans’ issues.
Contact a Newport News veterans disability attorney for expert legal guidance
A Rutter Mills case is a serious case. It may mean you have been badly injured. It certainly means you have a lot on the line, and the resolution of your case will make a big difference to you, your family, and your life moving forward.
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A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.
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