You gave your country your best when you served. If you were injured during your service, you are entitled to disability benefits through the Department of Veterans Affairs (VA). These benefits may include free medical care for qualifying conditions and financial assistance for you and your family.
Unfortunately, the VA isn’t always transparent when it denies your benefits application or assigns you a rating that doesn’t seem accurate. It can be tough to know what to do in these circumstances. Our Utah Veterans Disability lawyers can help you get the benefits you deserve.
At Marc Whitehead & Associates, we have been advocating for disabled veterans since 1992. Contact us today for a free consultation and find out how our Utah Disability lawyers can help.
Call or text 800-562-9830 or complete a Free Case Evaluation form
Service-Connected Disability
If you were injured while in the service or have a disability you can trace back to your service, you may be eligible for benefits. Through the U.S. Department of Veterans Affairs, you can apply for compensation and medical care.
The VA will assign your disability a percentage rating and thus determine the amount and type of government benefits you can receive. Veterans with disabilities get free health care for services related to that disability and pay a co-pay at VA facilities for other health issues.
Veterans with a 100% rating get completely free healthcare through the VA, as well as other benefits. If you have over a 20% rating, you are entitled to financial compensation each month and additional benefits for your dependent spouse, children, or parent.
For a free legal consultationwith a veterans disability claims lawyer serving Utah, call 800-562-9830
Eligibility for Service-Connected Disabilities
Eligibility for VA Disability benefits requires you to have served on active duty, active duty during training, or inactive duty training and have a current injury or illness traceable to your service.
You also must have either:
- Gotten injured or ill while serving in the military
- Already had an illness or injury when you entered the service, which your military service made worse
- Presently have a disability related to your time in the service that you did not become aware of until after your service ended
The VA considers you to have a presumptive condition if you were a POW, served in certain theatres, or were exposed to specific chemicals and contaminants.
Utah Veterans Disability Claims Lawyer Near Me 800-562-9830
What to Do When the VA Denies Your Disability Application
With so much variation in services provided between one disability rating and the next, the VA must get it right. Otherwise, you could miss out on benefits that can make a difference for you and your family.
You can appeal their decision if the VA dismisses your application. You have one year to file a Notice of Disagreement or Decision Review Request. A Utah Veterans Disability attorney can work with you to help make sense of the processes and how to move forward.
You can also appeal your rating if you believe it is too low. There are several avenues for appeal, and our attorneys can assist you in making the right decision.
Contesting the VA Decision
If you don’t believe you have gotten a fair disability rating or if your application has been denied outright, you have several options for contesting the VA’s decisions. There are three main paths:
- File a Supplemental Claim: You can submit new information the VA was not aware of when it processed your application if you believe it would affect their decision.
- Requesting a Higher–Level Review: Sometimes, the VA makes mistakes. If you believe this is what happened, you can ask for another review to examine your application again. With this option, you are not permitted to submit new evidence.
- Request a Board Appeal: You can ask for a hearing or simply a new review with a Veterans Law Judge at the Board of Veterans’ Appeals. If applicable, you can present new evidence when they review your case.
How Our VA Disability Lawyers Can Help
Making a mistake with VA documents could delay your benefits or prevent you from receiving them altogether. A Veterans Disability lawyer in Utah can help ensure that you get it right the first time so you and your family can receive the help you need as soon as possible.
Some ways we can help include:
- Complete the application process: We can help avoid the typical application errors that can derail your benefits. We’ll walk you through the process and ensure you get the right documents completed and filed on time.
- Assist with denials: When you are denied benefits, you deserve an explanation. Unfortunately, sometimes the reasoning isn’t clear. We can help you figure out what went wrong and take the necessary steps toward getting the benefits you deserve.
- Improve your chances of approval: With the assistance of a VA attorney, you reduce your chances of getting a denial to begin with. Applying for benefits can be confusing, but we know the process, and we know how the VA works.
- Contest your rating: Even if your application is accepted, you may feel that your rating doesn’t represent your actual needs. We can review your case and, if necessary, advocate for a higher disability rating that better reflects your condition.
- Explore other benefit options: You may be entitled to other benefits aside from or including VA disability benefits. We’ll review your medical and financial situation to determine if you can find additional assistance.
Contact a Utah Veterans Disability Attorney
You answered the call when your country needed you. Now, all you are asking is that your country does the same. As a veteran, you have a right to health care, especially when your injuries occurred during your service period.
Our Utah Veterans Disability attorneys can fight for the benefits you and your family deserve. You earned them through your service and commitment to your country. We can help with applications and, if you are denied, find the best path through the appeals process.
Our team at Marc Whitehead & Associates has over 120 years of combined experience fighting for the rights of disabled Americans. Contact us today and schedule a free consultation to find out how we can help.