Legal Counsel For Pursuing Veterans Disability Benefits
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 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.
Call us at 251-243-7872 or 877-539-1739 or complete our contact form to schedule your free initial consultation today. We serve veterans across several Gulf Coast states, including Alabama, Mississippi and Florida. |
Related Posts
Submitting VA Claims
Veterans often submit more than one compensation claim during their lifetime. Since 2015, the VA has required that those claims be submitted on very specific forms. Since 2019 and the implementation of the Appeals Modernization Act, the requirements for new claims...
Dependency and Indemnity Compensation: Continued Benefits for Surviving Dependents
There are a number of different types of benefits VA provides to Veterans, as well as to eligible dependents of Veterans that meet specific criteria. The most common VA benefits are disability benefits, which are what most Veterans are seeking and include all...
VA Improves Veterans’ Access to Medical Care through New Initiative
Veterans Affairs medical facilities experienced a notable increase in patient visits and a decrease in wait times during the first half of the new fiscal year which was attributed to the implementation of additional night and weekend appointments as part of the Access...
VA is Still Falling Behind in Processing Claims
The VA announced that in fiscal 2023, department benefits officials completed nearly 2 million veteran and survivor claims, the most in agency history and up almost 16% from the previous year. During a press call Wednesday, VA Undersecretary for Benefits Joshua Jacobs...
Toxic Exposure in the Skies
In the world of aviation, those who serve in the military often find themselves exposed to various occupational hazards. Among these, exposure to jet fuels can have lasting health implications. This blog explores the process of obtaining VA service connection for...
Veterans and Firefighting Foam
Veterans who are exposed to aqueous film forming foam (AFFF), also known as firefighting foam, face significant health challenges linked to the toxic chemicals in this foam, particularly PFAS (per- and polyfluoroalkyl substances). In addition to battling these...
Agent Orange on Okinawa
After over a decade fighting the VA for benefits, a U.S. Marine Corps Veteran client finally won his case by proving to VA that he was exposed to Agent Orange while stationed in Okinawa in 1972. In the years since his service in Okinawa, the Veteran developed...
Relief Available if a Veteran is Injured by the VA
Veterans receive treatment at VA hospitals, medical clinics, nursing facilities, and military bases. When a Veteran is injured or dies due to the negligence of a federal employee, there are two types of relief available to the Veteran or the Veteran’s family. The...
The PACT Act Made 2023 a Busy Year for the VA
In the last fiscal year, the Department of Veterans Affairs (VA) achieved historic milestones, with plans to sustain and build upon this progress into 2024. The Veterans Health Administration (VHA) managed over 116 million medical appointments, marking a 2.7% increase...
Air Force Will Review Discharges of Troops with Mental Health Conditions
In 2021, a class action lawsuit was filed against the Air Force by the name of Johnson v. Kendall. The lawsuit was filed to challenge the separation practices of the Air Force. The plaintiffs contended that other-than-honorable discharges unfairly punish veterans...