VA Disability Lawyer
Veterans who serve this country often experience long-term injuries and illnesses as a result of their service. When veterans suffer health problems, the VA (U.S. Department of Veteran Affairs) offers benefits that help to compensate for these conditions. However, many veterans struggle with obtaining these benefits, with denied claims, inadequate ratings, and lengthy delays being the main reasons.
Partnering with an experienced and dedicated VA disability lawyer like Daren Sarphie can help veterans ensure that they successfully file their claims, appeal denied claims, and secure the benefits that they rightfully deserve. Too often, United States veterans are denied benefits and left to fight the VA alone. At Sarphie Law, we take great pride in helping injured veterans secure the benefits they have earned through their service.
Call us today or connect with Sarphie Law online for a free and confidential consultation.
Who Qualifies for Veteran Disability Benefits?
While suffering an injury or developing an illness can be a major disruption for veterans and their families, not every veteran necessarily qualifies for VA disability benefits. The VA is fairly strict when it comes to deciding who is able to seek compensation, highlighting the importance of understanding the eligibility requirements before attempting to file a claim.
Requirements
In order to qualify for VA disability benefits, a veteran must meet the following criteria:
- Service requirement: The veteran applying for benefits must have served in active duty, the National Guard, or the Reserves.
- Discharge status: Veterans who were dishonorably discharged from active duty are generally not eligible for benefits, though they have the right to appeal their discharge status. Veterans who have received either an honorable or general discharge can seek compensation.
- Disability: To receive VA disability benefits, the injured veteran must have a medical condition that was either caused by or made worse by their service in the military.
The last requirement is one of the most important, as the VA will only award benefits to those who have suffered a “service-connected” condition. The VA classifies a disability as service-connected if it resulted from their active-duty military service. This includes:
- Direct service connection: These are injuries or conditions that are directly caused by military service. More often than not, this involved a combat-related injury.
- Secondary service connection: Veterans may have a disability that can develop due to another pre-existing service-connected condition. For instance, many veterans experience PTSD after their service, which can commonly lead to hypertension.
- Aggravated preexisting conditions: Similarly, veterans may notice that their preexisting conditions from before their service have been worsened by their time in the military.
Some veterans may need to provide official documentation, such as a medical record from their time in the military outlining their injury or illness. However, there are certain injuries and illnesses that will automatically be considered service-connected. These include:
- Agent Orange exposure
- Gulf War Syndrome
- Radiation exposure
There are special considerations for certain injuries and illnesses. Combat-related injuries like
traumatic brain injuries or amputations often receive expedited consideration. Airborne hazards and burn pit exposures, including respiratory conditions, also receive special considerations.
Related:
Does a PTSD Diagnosis Automatically Qualify You for VA Disability?
Speaking with an experienced VA disability lawyer like Daren Sarphie will allow you to determine your eligibility and explore your options. The team at Sarhpie Law has extensive knowledge when it comes to eligibility requirements for VA disability benefits and can help you claim your rightful compensation.
Types of VA Disability Claims
Depending on a veteran’s medical condition, their connection to military service, and whether or not they have already received a VA disability rating, they will file a certain type of claim in order to pursue compensation. Each veteran’s specific situation is different and understanding the different types of claims increases the likelihood of success. Different claims ensure that each veteran receives the proper amount of benefits based on their service-connected disabilities.
At Sarphie Law, we guide veterans through all stages of the claims process, from original filings to supplemental claims.
Original Claims
The first claim that a veteran files for disability compensation is referred to as an original claim. During the original claim, veterans will need to provide medical evidence and service records that establish a direct connection between their medical condition and their military service. According to the VA, a Fully Developed Claim (FDC) is the quickest way to have your pension claim processed.
Denials and Appeals
Sarphie Law is available to assist when the VA either
denies your claim or assigns you a disability rating that is lower than you may have expected. Veterans have the right to appeal when the VA denies their claim. Our team can help veterans file:
- Supplemental claims: These claims are generally submitted when there is new evidence that will help strengthen and support a previously denied claim.
- Higher-level reviews: When a claim is denied, you can request that a senior VA adjudicator re-examines your case without having to submit any additional evidence.
- Board of Veteran’s Appeals claims: In the event that previous appeals were denied, you can take your case to a VA judge.
For many veterans, a claim denial can be discouraging. However, consulting with an attorney can greatly improve your chances of a successful appeal.
Increased Rating Claims
A veteran’s disability rating is a specific percentage that is assigned by the VA in order to determine the severity of your service-connected disability. This rating determines the amount of disability compensation that a veteran is eligible to receive and what benefits and services they will have access to. The higher the rating, the greater the level of compensation and benefits you will be eligible to receive.
If a veteran’s medical condition continues to deteriorate or worsen over time, they may be entitled to higher compensation. For example, a veteran who has been diagnosed with PTSD may be eligible for an increase in compensation if their condition becomes even more debilitating. Providing updated medical records and additional relevant evidence can help support your claim.
Secondary Service Connection Claims
When a veteran develops a new medical problem caused by an existing condition that they sustained during service, they can file a secondary service connection claim. Even if a medical issue is not directly caused by military service, the VA generally recognizes that many conditions can worsen and lead to additional problems.
Special Claims
Some claims fall under a special claims category. This allows veterans to seek additional benefits in certain circumstances.
- Temporary recovery or treatment: If a service-related condition causes a veteran to be hospitalized or face a long-term recovery, they could be eligible for increased compensation.
- Adaptive Equipment: Veterans who have suffered severe mobility impairments may qualify for grants for home modifications, special vehicles, or prosthetic devices.
- Total Disability Individual Unemployment (TDIU): Some service-connected disabilities medical conditions may be severe enough to keep a veteran from maintaining gainful employment. In these cases, they may receive compensation at the 100% disability rate, regardless of their rating.
Special Monthly Compensation
Special Monthly Compensation (SMC) is an additional benefit for veterans, their spouses, and their dependents when a disability requires extra care. Veterans typically qualify for SMC when they:
- Have lost the use of a limb, either through amputation or paralysis.
- Require assistance with routine, daily activities.
- Are restricted to their homes due to their disabilities.
SMC is separate from standard VA disability benefits, with the intention to provide extra financial assistance to veterans suffering from severe disabilities after their service.
Dependency and Indemnity Compensation (DIC)
DIC is tax-free monetary assistance for the surviving spouses, children or parents of service members who have died, either on active or inactive duty or from service-related causes. DIC aims to ensure that families of service members receive the necessary financial support should they lose a loved one due to an injury or illness.
How Can a VA Disability Lawyer Help?
At Sarphie Law, we understand that the VA disability claims process can be stressful and overwhelming, especially when you are dealing with an injury, illness, or disability. By working with an experienced VA disability lawyer like Daren Sarhpie, you can ensure that your claims are filed correctly, accurately, and efficiently with strong supporting evidence.
Too many veterans struggled with denied claims every day due to incomplete documentation, incorrect disability ratings, and a skilled attorney to help guide them through the process. The VA disability system abides by strict rules and regulations that can become confusing with legal terminology and eligibility requirements when filing a claim. Daren Sarhpie and the team at Sarphie Law have a deep understanding of VA laws, regulations, and policies, making sure that injured veterans:
- Meet the necessary deadlines: Missing a deadline or filing requirement can result in a delay in receiving your benefits or losing your benefits altogether. The VA has strict timeframes for filing claims.
- Prepare a strong case: A lawyer can help ensure that your claim is not denied due to insufficient evidence and medical records or errors in your paperwork. The team at Sarphie Law is here to help you organize medical records and submit a solid claim to reduce your chances of denial.
- Understand the appeals process: In the event that your claim is denied or you are undercompensated, a skilled attorney can help explain your options regarding appeals, including a higher-level review, supplemental claim, or a Board of Veterans’ Appeals hearing.
Many veterans may attempt to handle their case on their own, but can quickly become frustrated and discouraged by the long delays and complicated procedures. Whether you are struggling with an appeal or need assistance filing an original claim, a dedicated VA disability lawyer like Daren Sarphie can greatly help improve your chance of success.
At Sarphie Law, we recognize how difficult it can be when a VA disability claim gets denied or under-rated. The VA requires detailed and thorough documentation that proves:
- The veteran has a current medical condition
- The medical condition is directly connected to their military service (or is a secondary condition caused by a preexisting service-connected disability)
- Their condition is severe enough to justify the requested disability rating
Many VA disability claims are denied due to a lack of sufficient medical documentation. The team at Sarphie Law can help gather supporting evidence that strengthens your case, including:
- Medical records
- Military service records
- Independent medical opinions
- Nexus letters
We can also help veterans request a reevaluation of their case if their claims were denied due to VA errors when reviewing or interpreting medical records or service history.
An attorney can play a critical role in the appeals process as well. Just because your claim is initially denied, it doesn’t mean that you are all out of options. Our team will stand with you every step of the way by:
- Filing a supplemental claim: An attorney helps submit new evidence that helps support your case.
- Requesting a higher-level review: A VA disability lawyer can request that a senior VA adjudicator review the case.
- Board of Veterans’ Appeals Representation: If your previous appeals have failed, our team can represent you before a VA judge.
There have been significant delays with VA claims, leaving many veterans waiting months or possibly even years for their appeals to even be processed. Oftentimes, veterans who represent themselves struggle with:
- Filing incorrect paperwork
- Failing to provide strong medical evidence
- Understanding the appeals process
A VA disability lawyer will play a critical role in the appeals process, making sure that everything is handled properly and that you have the greatest chance of securing the benefits that you rightfully deserve.
Contact Sarphie Law Today for Help With Your VA Disability Claim
If you need help filing a VA disability claim or appealing a denied one, our team is here to offer you the legal guidance, support, and representation you need to secure the full benefits that you are owed. At Sarphie Law, we know how long and frustrating the claims process can be, especially when you are an injured veteran dealing with health concerns, financial problems, and other challenges after your service.
Daren Sarphie and the team at Sarphie Law take great pride in helping injured veterans with VA disability claims and provide invaluable legal support in many other areas as well, including:
Whether you are filing your original claim, requesting a rating increase, or appealing a denied claim, Sarphie Law is here to help you fight for your rights and secure your rightful benefits. Don’t let the VA discourage you from claiming the compensation that you have earned.
Contact Sarphie Law today for a free, confidential consultation and see how our team can help you secure your disability benefits.
