If you served this country in the armed forces, thank you for your service. However when you get injured, you should not have to fight to get the support you need. Unfortunately, there are many hoops to jump through before getting the veterans’ disability benefits you deserve, and there is a high denial rate. If you were denied benefits, contact a Rutter Mills Newport News Veterans Disability Lawyer today.
Newport News Veterans Disability Lawyers
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. Follow this link for a more detailed look for compensation rates.
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 For 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 either:
- You became injured/disabled during your time in the military
- 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
An alarming number of veterans’ disability claims are denied each year. It could be that the paperwork was filed incorrectly, did not include enough evidence, or because of inexperienced evaluators wrongfully denying claims.
Depending on the circumstances of your claim’s denial, Rutter Mills 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. Your claim remains as it is, and you are not allowed to add more evidence.
Appeal Strategy #2: Supplemental Claim
A supplemental claim is used when you and your attorney believe the reason for your denial was a lack of evidence. This appeal constitutes the filing of a new claim with additional evidence of 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, and 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.
Call or text 757-777-7777 24/7 or fill out the contact form to talk to an attorney in a free consultation.
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Workers Compensation
If you’ve been injured on the job, workers’ compensation insurance may entitle you to critical assistance like medical treatment, lost wages, and more. But insurance companies will put up an aggressive fight to resist paying you the compensation you need and deserve. Rutter Mills can help get you the money you deserve.
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