Veterans Disability Attorney
If you are a veteran of the U.S. Air Force, Army, Coast Guard, Marines, or Navy, you may be eligible to receive tax-free disability compensation from the Department of Veterans Affairs. In order to receive this compensation, your military duty must have caused or worsened an injury or disease. Yet, receiving these benefits isn’t easy and it’s not always straightforward. In fact, the Department of Veteran Affairs often makes the benefits process time consuming and complicated to navigate. This makes it difficult to receive these benefits without an experienced South Carolina veteran disability lawyer on your side.
At the Law Offices of Wilkerson, Jones & Wilkerson, we are grateful for your service and your sacrifices to our country. We know that the disability benefits process can be complicated and overwhelming to navigate on your own. The bureaucratic benefits approval process is time-consuming and often requires multiple appeals before injured veterans are awarded benefits.
When you choose the Law Offices of Wilkerson, Jones & Wilkerson, you can rest assured knowing that your case is being given top priority. That’s because F. Craig Wilkerson, Jr. is a former United States Marine who values honor, trust, integrity and service. He uses his knowledge of the U.S. military, combined with over two decades of legal experience, to help veterans get the benefits they deserve.
Types of Veterans Compensation
As long as you have not been dishonorably discharged from service, you may be eligible to receive benefits. In general, there are two types of veteran disability compensation and the amount of benefits you can receive is tied directly to the extent of your disability. It is often possible for veterans to meet the requirements necessary to qualify for both types of compensation.
- Disability Compensation: Veterans who suffer from a physical or mental health disability that is caused or aggravated by military service may qualify for disability compensation. It is not necessary that veterans have combat experience in order to receive these benefits. Even if you are still able to work, you may still be eligible for these benefits. Unlike other types of disability benefits, there is no cap on income in order to qualify for veterans’ disability compensation.
- Non-Service-Connected Pension: Veterans who become disabled after serving in the military and who also have a low-income may qualify for non-service-connected pension.
Common Disabling Injuries for Veterans
- 1. Post-Traumatic Stress Disorder
- 2. Loss of Limbs
- 3. Exposure to Toxins or Diseases
- 4. Traumatic Brain Injury
- 5. Spinal Cord Injury
- 6. Hypertension
- 7. Radiation
- 8. Vision or Hearing Injury
How to Apply for Veterans Disability Benefits
The process for obtaining veteran disability benefits is long and often time-consuming. There may be multiple appeals made before an injured veteran can begin collecting the compensation they deserve.
In general, the application process for veteran disability benefits includes:
- Completing a disability compensation claim
- Retaining a copy for your records and sending the original to the VA Regional Office in South Carolina
- Sending medical records, evidence and documentation to the VA that you believe will help your case, especially your Service Medical Record
- Completing free medical examination if VA orders it
The VA will rate your disability on a scale of 0 to 100. Following their determination, veterans’ disability benefits will be granted or denied. You have the option to appeal the decision decision if your claim is denied. It is important to know that all appeals must be made within one year from the date of the VA’s decision.
We Help With Appeals for Veterans
Disability Benefits
Statistics published by the Bureau of Labor Statistics (BLS) show that an estimated 4.7 million veterans were living with disabilities in the U.S. during 2019. Millions of veterans suffer from disabling health conditions related to their service. For some veterans, a disability can make it difficult or impossible to work. Eligible veterans can take advantage of benefits that may help cover basic life expenses or even housing. However, filing a claim with the Department of Veterans Affairs is not always an easy process. The department may deny claims for benefits, leaving veterans and their family members without the support they need to survive.
At The Law Offices of Wilkerson, Jones & Wilkerson, we have a commitment to helping our nation’s veterans in their time of need. Our firm’s founder, Craig Wilkerson, is a former U.S. Marine Corps Captain and JAG Officer. If you are in the process of appealing a denied VA disability claim, then we encourage you to contact us for a free consultation.
Veterans Disability Attorney FAQ
What Are Different Types of Veterans Benefits?
Eligible veterans can receive benefits that help pay for basic expenses, medical care and housing. Below are some of the different options that may be available.
- Disability Compensation.This is a tax-free, monetary benefit you may qualify for if you suffer from a condition that was caused or aggravated by your military service. Mental and physical health conditions may qualify for benefits through the VA. You do not necessarily need combat experience to qualify for VA benefits. Additionally, you may still qualify for benefits if you are able to work. Unlike many other types of disability benefits, there is no income cap to receive VA disability benefits.
- Non-Service Connected Pension:If you meet the income requirements and develop a disability after serving in the armed forces, then you may qualify for a non-service connected pension. The amount of these monthly payments depends on your financial need. Survivors may also qualify for benefits.
- Housing Assistance.The VA may also be able to help with housing assistance. You may qualify for a housing grant, including financial assistance for modifying an existing residence to accommodate your disability.
Do I Qualify for Veterans Disability Benefits?
We encourage you to contact our South Carolina law office for a free consultation to learn more about eligibility requirements. There are different requirements depending on the types of benefits you are seeking. Each case is different. By speaking with an attorney, we can give you more detailed answers.
However, for veterans disability compensation, some general requirements may include:
- Did not receive a dishonorable discharge;
- Have a service-related physical or mental disability;
- Have a physical or mental condition that worsened as a result of service;
Each case is different and the eligibility requirements are not always easy to understand. You can reach us for a free consultation by dialing (803) 324-7200 or by using the contact form on our site.
What Health Conditions Qualify for VA Benefits?
Much like with questions for general eligibility, we encourage you to contact us if you have questions about recovering benefits for a specific health condition. There are a number of health conditions that qualify for benefits. Some common conditions include:
- Burn injuries
- Loss of limb
- Post-Traumatic Stress Disorder (PTSD)
- Brain injury
- Spinal cord injury
- Radiation exposure and resulting illness
- Hearing loss
- Vision loss
- Hypertension
- Illness caused by exposure to hazardous materials
- Anxiety disorders
- Dissociative disorders
Can I Increase VA Benefits?
Depending on the circumstances, you may be able to increase the amount of disability benefits you receive from the VA. It would depend on whether you could demonstrate that your health condition worsened. If you can demonstrate the condition worsened, then you should ask the VA to reevaluate your disability rating.
There are also other potential options, such as filing a claim for a secondary service connection. This could result in a larger combined disability rating for your claim. Another potential option is seeking Total Disability Individual Unemployability.
Do Disabled Veterans Have to File Taxes?
Veterans’ disability compensation is tax-free. You do not have to pay federal income taxes on these benefits.
Do Spouses of Disabled Veterans Get Benefits?
Spouses, survivors or dependents of disabled veterans may qualify for certain types of benefits. These individuals may receive benefits that help pay for health care, school, job training or life insurance.
If you are the child, surviving spouse, or parent of a child who died in the armed forces or from a service-related injury or illness, then you may qualify for benefits, including Dependency and Indemnity Compensation benefits.
Much like direct disability benefits paid to a veteran, there are eligibility requirements for benefits paid to family members or dependents. You may contact us for a free consultation if you want to learn more about eligibility and appealing a denied claim.
How Do I Apply for Benefits?
The application process varies depending on the circumstances. If you filed for benefits, but received a denial, then you would need to go through the appeals process. The VA may also ask some veterans to undergo a medical examination. We have more information about the VA application process on our website.
What If the VA Denies My Claim?
The VA may deny a claim for disability benefits for any number of reasons. However, you may be able to successfully appeal the VA’s decision and obtain benefits. Appealing a denied VA disability claim is a difficult process that may be even more difficult without skilled legal representation.
If the VA denied your disability benefits, then we encourage you to contact our disability attorneys for a free consultation. We can explain your options for filing an appeal with the VA.
Contact Our Attorneys Today
At the Law Offices of Wilkerson, Jones & Wilkerson, we know that the Department of Veterans Affairs is highly selective when it comes to reviewing disability claims. That’s why veterans don’t always receive the benefits they need or deserve. When this happens, you need a veteran’s disability lawyer on your side to help you through this difficult process.
With offices conveniently located in Rock Hill and Lancaster, we are here when you need us. Call us today for a free case evaluation.
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