Michigan Veterans Disability Benefits Lawyers
As a disabled veteran, you served your country and earned the right to receive disability benefits. However, as you try to secure them, you may encounter a confusing maze of red tape, deadlines and forms. Your confusion can quickly turn to frustration if the VA denies your benefits claim or gives you a low disability rating. You should turn to an experienced veterans disability benefits lawyer to help you to overcome those challenges and fight for you.
Disability Attorneys of Michigan can help with your VA benefits claim. We work with disabled veterans throughout Michigan, helping them to file their applications and appeal VA regional office decisions. Our attorneys are accredited to handle cases before the Department of Veterans Affairs, Board of Veterans’ Appeals and the United States Court of Appeals for Veterans Claims. We will know the way forward in your case.
Our attorneys and support staff handle many types of veterans benefits claims, including:
- Agent Orange
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Disability compensation for service connection
- Non-service-connected pension benefits
- Secondary service-connected claims
- Dependency and indemnity compensation
- Total disability based on individual unemployability (TDIU or IU) and more!
We believe that veterans deserve the highest level of representation. In addition to helping veterans with VA benefits claims, we also seek any Social Security disability (SSD) benefits they are eligible to receive. In many cases, we guide veterans towards housing and medical assistance they may need to get through a difficult time. To discuss how we can help you, contact us today. Our initial consultations are always free.
Am I Eligible for Veterans Disability Benefits?
Our experienced team of VA benefits lawyers and support staff members will review your background and help you to determine if you qualify for VA disability benefits. We know how those benefits can make a major difference in your life.
As we will explain when we meet, you may be entitled to VA disability benefits if:
- You are a military veteran.
- You currently suffer from a disability related to your military service.
- You received a discharge that was not under dishonorable conditions.
Combat experience is not required. If you suffer from any disabling physical or mental condition that your active duty military service caused or aggravated, you should qualify for benefits.
VA disability benefits are not “means tested.” In other words, your income does not affect your entitlement to benefits. In fact, many recipients of veterans disability benefits still work. The only time working could cause an issue would be if you seek a high disability rating based, in part, on your unemployability.
The severity of your disability determines the amount of benefits you receive. The VA uses a scale of 0 to 100 to rate the extent of a veteran’s disability. A higher rating means more money in disability benefits. Other factors than can affect the amount of benefits you receive include whether you have:
- Severe disabilities
- The loss of a limb
- A spouse, child or dependent parent
- A severely disabled spouse.
Many claims for veterans disability benefits hinge on whether the veteran’s disabling condition is connected to military service. Some conditions – for instance, Gulf War Syndrome and Agent Orange-related disabilities – are presumed to be service-related.
How Do I Apply for Veterans Disability Benefits?
Disability Attorneys of Michigan can help you to file a VA disability benefits claim. You can do this online, or you can print a form and mail it to the VA. You can also call the VA Regional Office (RO) and ask the office to send you a form. Be sure to keep a copy of your application.
Once the VA receives your claim, the VA will send you a request for records to support the claim. We can help you to return these records as soon as possible. We can also make sure to send a copy of your medical records. Additionally, the VA will likely order a medical examination. You will not have to pay for the exam.
After the VA compiles all of your documentation, the VA will determine whether your disability is service-connected. If so, the VA will rate your level of disability on a scale from 0 to 100. The VA will then notify you in a letter called a Rating Decision. The decision should set out the evidence and rationale behind your rating. If the VA grants benefits, the VA will state the monthly payment amount you will receive and when your payments will begin.
How Do I Appeal a Denied Claim or Low Disability Rating?
The VA may deny a claim that you believe is valid, or you may believe that the VA rated your disability too low. The good news is that the VA’s initial decision is not final. You can appeal the decision. An experienced veteran’s disability lawyer from Disability Attorneys of Michigan will help you to seek the benefits you deserve.
You will need to take prompt action after you receive a decision from the VA. Several different time limits apply to filing an appeal from an adverse VA Regional Office (RO) decision. Those deadlines are:
- If you received a Rating Decision – You have the option to file a Notice of Disagreement to appeal this decision. A Notice of Disagreement must be filed within one year from the date the RO mailed the decision.
- If you received a Statement of the Case – You can file a VA Form 9, Appeal to the Board of Veterans’ Appeals (BVA). The VA Form 9 must be filed with the RO within 60 days after you receive the Statement of the Case or within the remainder of the one-year period from the date that the RO mailed the Rating Decision, whichever comes later.
- If you received a denial from the Board of Veterans’ Appeals – If you disagree with the BVA’s final decision, you must file a notice of appeal with the United States Court of Appeals for Veterans Claims within 120 days after the date the BVA mailed a copy of its final decision.
VA disability benefits appeals can be highly complex. You must make sure that your record has complete, up-to-date information that supports your claim, including medical and military records. You must also present sound legal arguments that are based on statutes, regulations and case law. You do not want to go through this process alone. Instead, work with Disability Attorneys of Michigan. Our skill and experience can make a major difference for you.
Can Veterans Also Qualify for Social Security Disability Benefits?
The benefits you earned by serving your country in the military are separate from the disability benefits available through the Social Security system. Many veterans who qualify for VA disability benefits may be entitled to additional monthly Social Security disability (SSD) benefits payments.
At Disability Attorneys of Michigan, we see the whole picture when it comes to securing disability benefits from all available sources. Our firm focuses solely on federal disability benefits. We equip our attorneys with the tools and knowledge they need to fight for you. We are prepared to help you explore your options for recovering SSD benefits in addition to the disability benefits you receive from the VA.
Get Help from Our Michigan VA Disability Benefits Attorneys Today
Disability Attorneys of Michigan proudly protects the rights of Michigan’s disabled veterans, including their right to receive disability benefits. We help veterans at every stage in the VA’s application and appeals process. To discuss how we can help you, contact us for a free and confidential consultation.
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