CALL TODAY FOR A FREE EVALUATION OF YOUR VA DISABILITY CLAIM – CALL NOW: 800-727-4878.
Veterans have served the United States of America with honor and distinction. However, at times, veterans have been unable to receive benefits for injuries that were sustained while they were in the service. The firm of Mansmann & Moore, LLP has the experience representing veterans before administrative agencies and will fight for the benefits that you deserve.
Eligibility Requirements
Veterans of the Army, Navy, Marines, Air Force and Coast Guard who become disabled from injuries or diseases from active-duty service may be eligible for Disabled Veterans Benefits from the Department of Veteran’s Affairs (VA). A veteran may be eligible for benefits if they have been honorably discharged or discharged for reasons other than dishonorable conditions and they currently have a disability that is the result of an injury, disease, or event during military service.
Elements of a VA Disability Compensation Claim:
- Status as a Veteran
- Existence of a Disability
- Connection between the Veteran’s Service and the Disability "Service Connection"
- Degree of Disability
- Effective Date of Disability
Service Connection
"Service Connection" is definite by Title 38 U.S. Code Section 101(16) as follows: "The term ‘service connected’ means, with respect to disability or death, that such disability was incurred or aggravated, or that death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service." The Department of Veterans Affairs recognizes five different types of service connection:
- Direct Service Connection. A finding of direct service connection is made when the claimant establishes the elements of a successful disability claim showing an occurrence, in service, of a disease or injury, along with current symptoms of a disease or injury, and a medical nexus between the two;
- Secondary Service Connection. In secondary service connection, the claimant establishes that a service-connected disease or injury causes a related condition or aggravates a related pre-existing condition;
- Aggravation of Pre-existing Condition. This occurs when the claimant establishes that the current disability is a condition that preexisted service, but was aggravated or became worse during service;
- Statutory Presumption Service Connection. A finding of presumptive service connection results when the current disability is a condition listed under one or more Acts of Congress granting a presumption of service connection to a claimant; and,
- Death, Injury, or Disease Resulting from Medical Malpractice or Vocational Rehabilitation Programs.
Veteran’s Benefits
The government will pay VA benefits to assist veterans and their spouses with activities of daily living and offset the degree to which the disability would impair the average civilian in earning a living. The amount of benefits that a veteran or spouse is entitled to varies based upon nature and extent of the veteran’s disability, income, or size of family. Additional amounts may be paid for loss of limb or limbs, if you have a spouse, child, or dependent parents, or if you have a spouse that is disabled. The benefits that are paid can be used to pay varying costs including nursing home care, home health care costs, or other burdensome costs associated with your past service.
Disability Ratings
The end of the process of attaining VA Disability Benefits is not the receipt of the favorable decision. Once you receive a favorable decision you must obtain a correct rating for each condition for which disability benefits are sought. The Department of Veterans’ Affairs uses the Schedule for Rating Disabilities in order to determine and adjudicate the degree of the veteran’s disability. The Schedule for Rating Disabilities ranges from 0 percent to 100 percent for each disability listing. Each disabling condition is listed in 10 percent increments. In addition, a Veteran may receive additional compensation for dependent children or parents if he or she has a disability rating of at least 30 percent. A disability rating of 100 percent, or a "total rating," means that the veteran is totally disabled. A higher disability rating under the Schedule for Ratings, yields a higher monthly compensation payment. Let the experienced Veterans’ Benefits Attorneys at Mansmann & Moore, LLP assist you to increase the disability rating for your service connected disability.
CALL TODAY FOR A FREE EVALUATION OF YOUR VA DISABILITY CLAIM – CALL NOW: 800-727-4878.
The firm of Mansmann & Moore, LLP has years of experience representing injured and disabled individuals, including veterans, in front of numerous administrative agencies and courts. Over the years, Mansmann & Moore, LLP has aggressively advocated on behalf of numerous individuals with a range of medical disabilities. These disabilities include, but are not limited to, the following:
- Muscoskeletal System
- Organs of Special Sense
- Impairment of Auditory Acuity
- Infectious Diseases, Immune Disorders, and Nutritional Deficiencies
- Respiratory System
- Cardiovascular System
- Digestive System
- Genitourinary System
- Gynecological Conditions and Disorders of the Breast
- Hemic and Lymphatic Systems
- Skin
- Endocrine System
- Neurological Conditions and Convulsive Disorders
- Mental Disorders
- Dental and Oral Conditions
- Exposure to Agent Orange and other herbicides
The VA Claims Process
Step One: File the Claim
Step Two: Development of the claim by the Regional Office
Step Three: Adjudication by Regional Office
Step Four: Appeal of Adverse Adjudication by Regional Office
Step Five: Board of Veterans’ Appeals Hearing
Step Six: Appeal from Adverse Board of Veterans’ Appeals decision to U.S. Court of Appeals for Veterans Claims
Step Seven: Proceeding before the U.S. Court of Appeals for Veterans Claims
The claims process is long and difficult. If you have been denied Veteran’s benefits, you only have a limited amount of time to appeal that decision. If you are seeking to appeal a decision of the Department of Veterans Affairs, contact the experienced Veterans Benefit Lawyers of Mansmann & Moore, LLP today. Let the experience of Mansmann & Moore, LLP assist you by obtaining the necessary evidence needed to win your claim and get you the benefits that you deserve.
CALL TODAY FOR A FREE EVALUATION OF YOUR VA DISABILITY CLAIM – CALL NOW: 800-727-4878.
Links of Interest:
United States Department of Veterans Affairs
VA Disability Compensation Fact Sheet (US Dept. of Veterans Affairs)
Apply for VA Disability Benefits
