Most conditions themselves are eligible for VA disability benefits if they meet certain conditions. These conditions include:
If you were disabled due to your military service, it can be hard to receive the compensation you deserve from the Veterans Administration. The U.S. Census reports that in 2014, 19% of all veterans had a service-connected disability. Considering that many veterans are often wrongly denied disability payments by the Veterans Administration (VA), this number is likely to be higher in reality. Here at the Law Office of Robert B. Goss, Veterans’ Attorney, we help veterans build their cases to get the compensation they deserve from the VA.
Most Common Disabilities of Veterans
Some of the most common disabilities that veterans have may go unnoticed if symptoms are mild or if the vet does not make the connection to military service. Mild disabilities may not get very high ratings; however, if you have multiple disabilities, your combined rating will be higher, so it’s worth addressing these issues with your doctor. Some of these common medical conditions include:
If you receive a disability rating from the VA, you will likely receive some retroactive benefits or back pay. Retroactive benefits are paid in a lump sum after the grant of benefits. Your regular benefits will then be distributed to you on a monthly basis.
You can apply for disability any time – there is no “statute of limitations” on VA disability. Nevertheless, the sooner you file after leaving the service the better your case may be because it will be easier to collect records and testimonies to support your claim. It may also affect how far back your back pay will go.
The calculation of the retroactive benefits date is determined by several factors, as follows:
How do you file a disability claim with the VA and tie it to your military service? There are four categories of disability claims that veterans can file:
The VA has a number of different programs and benefits that help disabled veterans with different needs. You may be eligible for more than one of these benefits, so it’s important to talk to a veteran’s attorney with years of experience with all the aspects of the VA and what it offers. You do not have to be disabled to receive some of these benefits, and you can receive multiple benefits at the same time.
Disability Compensation
In order for you to receive disability compensation through the VA, you must have been honorably discharged, served on active duty or in active or inactive duty training, and have a disability rating for your service-connected condition. In addition, one of the following must be true:
Autoimmune disease is a term that covers at least 80 different known conditions. An autoimmune disease or autoimmune disorder occurs when the immune system is unable to distinguish between foreign invaders and healthy tissue, producing antibodies that destroy the body’s own tissue instead of the infection.
Some of the most commonly-recognized autoimmune diseases include lupus, rheumatoid arthritis, ulcerative colitis, Crohn’s disease, celiac disease, psoriasis, and fibromyalgia. Autoimmune diseases can be debilitating and they are difficult to diagnose because symptoms are broad, including fatigue, chronic joint pain, digestive problems, muscle weakness, inflamed skin, hair loss, and chronic, unspecified pain.
Rules for VA Compensation
Military service brings with it a complicated and often dangerous set of tasks, responsibilities, and experiences. The job usually takes a toll on a service member’s physical and mental health, creating lifelong problems. For this reason, service-disabled veterans can file a claim with the VA for compensation.
Based on the severity of your illness, syndrome, or injury, the VA will assign a disability rating to your particular situation. The ratings start at 0% and go up to 100% in 10% increments. They can be added together (although unlikely) but your overall rating can not go beyond 100%.
The first step in obtaining your VA rating is to submit an initial claim with all of your medical and military documentation. This includes your military medical records, service records, results of an independent medical exam, and personal statements from you and possibly others. You may be required to submit documentation of any conditions you had before entering the service.
Obtaining VA Benefits for a service-related disability can be a very difficult process. If you are here doing research, you probably have received a denial letter. Don’t worry, we can help you. While complicated, the process of obtaining your correct service rating can bring about significant financial security for you and your family.
It has been shown that members of the military can experience a wide variety of service-related health issues that cause significant problems when trying to live a full life. As such, the VA offers financial compensation. Now, as you start the process you might be wondering what the most common disabilities for veterans are. In addition to hearing loss, arthritis, and eye issues, there are a few conditions that we regularly see:
Gulf War Syndrome
Mission focus is why we justly admire our active-duty and Veteran military personnel. Unfortunately for our service members and Veterans, “Playing with pain” often evolves from a mantra to a way of life. This means that injuries and ailments are pushed aside and visiting the doctor is even viewed as a deplorable sign of weakness.
Even the most fit person should take preventive health measures. And there is one simple step all active-duty military personnel should take before leaving service. Failure to take this step can have traumatic results for you and your family. To protect yourself and your loved ones, before leaving service, all active-duty military personnel should make it their mission to take this one crucial step, preferably in the year before they separate. Here’s the step: get a pre-discharge physical. Continue reading
The National Institute for Trial Advocacy (NITA) has designated Bob Goss (pictured at right) as an NITA “Master Advocate.” The Master Advocate award represents serious commitment to trial advocacy and requires completion of at least five intensive NITA trial-advocacy programs.
Why You Need a Trial Advocate
As a landlord or a tenant, you want an advocate who understands your rights. As a consumer in Texas, you want justice if you’ve been the subject of a deceptive trade practice. No matter what your legal issue, you want an advocate who will represent you zealously. You need an advocate who is both your counselor and your ally. Experience is important, of course. But also look for indications that your trial advocate keeps up with the latest advances in the law, art, and science of trial advocacy. Intensive training, such as that leading to NITA’s “Master Advocate” award, is one indicator that your advocate has the latest skills necessary to represent you when it matters most. Continue reading
Military Veterans' Lawyer Blog