Legal Counsel For Pursuing Veterans Disability Benefits

Last updated on May 29, 2025

Veterans and family members who obtain a disability due to injuries or diseases may be eligible for veterans benefits. If the U.S. Department of Veterans Affairs (VA) denies your veterans disability benefits application, our attorneys at Gardberg & Kemmerly, P.C. Attorneys at Law, can help you appeal your claim to seek the support you need.

Veterans Disability Benefits Cases We Handle

Need any of the following? We can help:

• Service-connected disability: If you suffered an injury while serving, you could seek service-connected disability compensation. You can use these payments to support both you and your family financially. These benefits can cover both physical and mental injuries.
• Nonservice-connected pension: Veterans who served during wartime can receive monthly income for them and their families from a specific VA pension if they have a disability. While your disability doesn’t have to stem from wartime service, there are certain financial requirements you must meet.
• Dependency and Indemnity Compensation (DIC): This benefit is for spouses, children and dependent parents of service members who die while serving. That also includes service members who die due to injuries or diseases related to their time in the military.
• Total Disability Individual Unemployability (TDIU): You may qualify for these benefits if you developed a disability through your military service and it prevents you from working a civilian job.

These benefits are often crucial for veterans in need of financial support. However, insufficient applications and lack of evidence can result in a denied claim. If the VA recently rejected your application, call us at 251-243-7872.

How Long Do You Have To Appeal Your Veterans Disability Benefits?

You must appeal your VA benefits within one year after your rejection. However, there are some benefits where you have less than one year to appeal. We can help you figure out the next steps and how to proceed.

Veteran Disability FAQ

You may have questions about your eligibility or the legal process of seeking benefits, and our experienced team is here to help at Gardberg & Kemmerly, P.C. Attorneys at Law. To start, here are a few of the questions we see most often:

What types of veterans disability benefits can I apply for?

If you have been disabled as a veteran, you may be eligible for a variety of benefits, depending on your unique needs and the type of disability. These could include strictly financial benefits, housing benefits, health and medical care benefits, employment benefits or educational benefits, and even benefits for dependents and other family members. When a service member passes away, family members can often seek benefits in their name.

What is the process for applying for veterans disability benefits?

Initially, applying for benefits means you need to submit the Application for Disability Compensation and Related Compensatory Benefits. You can support this claim by providing hospital records, medical records and supporting statements. For instance, statements from family members, friends or employers may help demonstrate that you are disabled.

What kinds of disabilities qualify?

Many types of illnesses or injuries will qualify as disabilities. These include:

• Severe hearing loss
• Chronic pain
• Respiratory issues
• Cancer, lung disease or other such conditions
• Ulcers
• Reductions in mobility or loss of range of motion
• Depression and anxiety
• Post-traumatic stress disorder (PTSD)
• Mental health challenges
• Traumatic brain injuries
• Spinal cord injuries

Every case is unique, and many people who are seeking benefits will have multiple disabilities. While it is impossible to be more than 100% disabled, having multiple conditions means that they can each contribute toward your rating, potentially impacting the benefits you receive.

What happens after filing a disability claim?

After you file the claim, the VA conducts an initial review just to make sure you’ve submitted all of the proper information. They’ll then begin gathering evidence, which may mean that you have to take exams or submit medical documentation.

They will then review the evidence and give you your rating. You will receive a decision letter telling you if you are approved or denied for benefits. If you do not get the approval that you believe is warranted, you may have a chance to ask for a further review or appeal that decision. Our experienced team can help.

What is a disability rating?

Your disability rating is very important when it comes to benefits because it helps to define the severity of the disability in the eyes of the VA. For some, they may have a 100% disability, meaning that they cannot work again or earn any wages. But for others, they could have a 10% or 20% disability. This still affects their life, but not as severely.

The disability rating is assigned on an individual case basis, based on medical evidence like test results and doctors’ reports, along with other information. It is true that medical evidence is one of the most important parts of any disability case, both in determining what symptoms you have and how long they are expected to last.

What should I do if my veterans disability benefits application is denied?

Your claim could be denied. If so, you have the right to appeal to the Board of Veterans’ Appeals. The board will then take another look at the evidence, and they can make a decision. They may uphold the denial or approve the benefits, depending on the specifics of the case. Wait times can be long, but you do have a right to an appeal.

How long does it typically take to receive a decision on a veterans disability benefits appeal?

The appeal process can take months or even years. The board has a goal of getting through 100,000 appeals annually. That said, there were 475,000 appeals six years ago, and there are over 200,000 of them today. Since the board has to start with the appeals that were filed first, it can take time to get to current cases. Our experienced team can help you understand what steps to take and track the status of your appeal.

Seek The Care You Deserve Today

You sacrificed your time and your life to serve our country. You deserve benefits when you need them for your dedication to protecting our freedoms. Don’t let a rejection of benefits discourage you. We’re here to fight for you and help you obtain the protection you need.

Related Posts