Cheatham County Veterans (VA) Disability Lawyer

Veterans who suffer from an illness or injury as a result of their military service may qualify for VA disability compensation. This is a monthly tax-free financial benefit that millions of veterans receive, but many Cheatham County veterans find the application process to be intimidating and needlessly complicated. Successfully navigating the VA disability claims process can be challenging, creating a barrier for veterans to access the benefits they need and deserve.

The Law Office of Daniel Martin fights for veterans who have been denied the benefits they’ve earned. With 13 years of experience helping people in Cheatham County and surrounding areas navigate disability benefit applications, Daniel Martin has the trusted experience you can count on in your claim.

How is Eligibility for VA Disability Benefits Determined?

Eligibility for VA disability compensation is based on two main factors – current condition and military service. This may sound like a relatively simple qualification process, but that is not the experience that many veterans have when applying for benefits. The two elements that every applicant must have to be approved for disability compensation are broken down even further, and at least one of the following must apply:

In-service disability claim: You became sick or got injured while serving, and your condition can be linked to the illness or injury.
Pre-service disability claim: You had an injury or illness prior to joining the military and your service worsened it.
Post-service disability claim: Your disability is related to your active-duty service, but it didn’t become symptomatic until discharge.

The VA also has a list of presumptive conditions that will automatically be assumed to be associated with your military service. You must still establish the severity of your condition and provide evidence of your military service, but you will not need to prove that your service caused the presumptive condition. Categories of presumptive conditions are:

Illnesses caused by being a prisoner of war
Illnesses caused by contact with hazardous materials and toxic chemicals
A long-lasting condition that appears one year or less after discharge

How Does the VA Assign Disability Ratings?

A disability rating with the VA is a number, expressed as a percentage, assigned based on the severity of your service-connected medical condition. The disability rating is used to calculate what your VA disability compensation will be, so it’s essential for your disability claim.

The VA bases disability ratings on the following elements:

Evidence of the severity of your condition, like medical records
Results of the compensation and pension exam, if completed
Additional information obtained from other sources

You cannot receive a rating higher than 100%, even if you have more than one service-connected disability. The VA uses the whole-person theory to determine your combined disability rating, which means that a person cannot be more than 100% whole.

Service-Connected Disabilities and Common Conditions on VA Claims

With so many veterans receiving VA disability benefits and new applications being approved daily, there are far too many qualifying conditions to list here. However, there are some service-connected disabilities that affect many veterans, making them common conditions included in claims. These include:

Hearing loss
Tinnitus
Post-traumatic stress disorder
Lumbar and cervical strains
Scars
Migraines
Limitation of motion or flexion
Paralysis of sciatic nerve

If you have questions about your medical condition or would like help establishing the severity and service connection of your illness or injury, contact the Law Office of Daniel Martin. We understand how the VA disability claims process works and what documentation the VA looks for when reviewing applications.

What to do After the VA Denies Your Disability Application

If you are one of the many veterans whose VA disability claim has been denied, you may still have time to file an appeal. It’s important to act quickly after receiving notice of the denial because you only have a limited amount of time to note your appeal. The VA offers a few options after you receive a denial:

Submit a Supplemental Claim

Supplemental claims allow you to submit additional documentation that you did not provide in your first application. If you have new and relevant information that you’d like the VA to consider as part of your disability application, this may be the best choice for you.

Request a Higher-Level Review

You cannot submit any new information or documentation when you request a higher-level review, but this may be a good option in some scenarios, like if you believe the VA made a mistake when denying your claim.

Appeal to the Board of Veterans’ Appeals

With this option, a Veterans law judge will review your disability claim. You can request a Board Appeal after an initial claim, supplemental claim, or higher-level review, but you cannot request more than one in a row for the same claim.

Trusted Advocacy and Guidance for VA Disability Claims

At the Law Office of Daniel Martin, our Cheatham County VA lawyer has targeted experience and in-depth knowledge of the VA application process and applicable federal laws. When you need someone who can help alleviate the burden of filing a VA claim, you can trust Daniel Martin to work tirelessly to support you throughout this process. Contact us today to schedule your free consultation and get the legal support you deserve.