Virginia VA Disability Benefits Lawyer
Attorney Helping Veterans Receive Disability Benefits Through the VA
Veterans who have sacrificed for their country should not have to struggle to obtain the benefits promised to them. Unfortunately, the process of applying for and receiving VA disability benefits can be complicated and frustrating. Many veterans encounter delays, denials, or unfair assessments of their conditions. A knowledgeable legal advocate can make the process more manageable while addressing issues that may arise.
At The Vet Law Office, Attorney Edward Farmer is committed to helping veterans obtain the benefits they have earned. As a disabled veteran himself, Attorney Farmer understands firsthand the challenges that veterans face. He works diligently to ensure that each client receives effective guidance and strong representation during their VA disability claim.
Requirements for VA Disability Benefits
To qualify for disability benefits through the VA, veterans must meet several key requirements:
- Veteran Status: The applicant must have served on active duty, and their discharge from the military must not have been dishonorable.
- Current Disability: A veteran must have a current medical diagnosis showing that they have a physical or mental health condition that has impacted their ability to work or perform daily activities.
- Service Connection: The disability must be linked to the veteran's military service. This can be established through a direct service connection, such as an injury that occurred during combat. Some disabilities may be based on a secondary service connection, meaning that they developed as a result of an injury or illness related to their service. The VA also maintains a list of presumptive conditions based on particular exposures or periods of service.
To prove that they have a service-connected disability, a veteran will need to submit detailed medical records, service documents, and supporting statements. Attorney Edward Farmer can help compile the necessary evidence and build a strong, well-supported claim.
How Disability Ratings Are Determined
Once the VA determines that a veteran has a service-connected disability, it will assign a disability rating. This rating is expressed as a percentage, from 0 percent to 100 percent. The disability rating is meant to reflect the severity of the condition, and it will be used to determine the amount of monthly compensation the veteran will receive.
The VA uses a Schedule for Rating Disabilities, which outlines criteria for evaluating specific conditions. Ratings are intended to represent the average reduction in earning capacity caused by the disability. When a person has multiple disabilities, formulas will be used to determine their total disability rating. The VA's system can be complex, and veterans may receive ratings that do not accurately reflect the extent of their limitations.
Attorney Edward Farmer helps veterans challenge low disability ratings by reviewing medical evidence, obtaining additional documentation when necessary, and advocating for proper determinations based on the full impact of the disability.
The Role of C&P Exams
A Compensation and Pension (C&P) exam is often a pivotal part of a claim for VA disability benefits. This exam is conducted by a medical professional who will assess the severity of the veteran's condition, its impact on the veteran's daily life and employment capabilities, and the connection between the condition and the veteran's service.
While the C&P exam provides important information, it is not uncommon for examiners to misunderstand or underestimate a veteran's symptoms. Inaccurate C&P exam reports can lead to claim denials or incorrect disability ratings. Attorney Edward Farmer can help veterans prepare for C&P exams by advising them on what to expect and how to accurately and completely describe their symptoms.
Options for Appealing Unfavorable VA Decisions
Receiving a denial of benefits or an unsatisfactory disability rating can be disheartening, but it does not necessarily mean that a veteran will be unable to receive benefits. Veterans have several options to appeal unfavorable decisions:
- Higher-Level Review: This appeal option involves requesting a review by a more experienced VA adjudicator. No new evidence can be submitted, but the reviewer can correct errors or reconsider the case based on the existing record.
- Supplemental Claim: If new and relevant evidence becomes available, such as updated medical records or statements from treating physicians, a veteran can file a Supplemental Claim. This allows the VA to reassess the claim based on all of the available evidence.
- Board of Veterans' Appeals (BVA): Veterans may request a formal hearing that will allow them to present additional evidence and make arguments for why they should receive disability benefits. A Veterans Law Judge will review the case and issue a new decision. A denial may be overturned, or a disability rating may be increased.
Attorney Edward Farmer works closely with veterans to determine the best strategies for appeals. He will carefully review VA decision letters, identify any legal or factual errors, gather new evidence when needed, and present strong arguments to support a veteran's claim.
Our Virginia VA Disability Benefits Attorney Is Here to Help
Veterans who have experienced disabilities deserve to have a strong advocate who understands the complexities of the VA system and the real-world challenges they are facing. At The Vet Law Office, Attorney Edward Farmer is committed to helping veterans receive the full benefits to which they are entitled. Schedule a free consultation by contacting us at 1-800-700-4174.
VA Health Centers in Virginia
Richmond VA Medical Center
1201 Brock Road Boulevard
Richmond, VA 23249
Hampton VA Medical Center
100 Emancipation Drive
Hampton, VA 23667
Salem VA Medical Center
1970 Roanoke Boulevard
Salem, VA 24153
Virginia VA Regional Office
Roanoke VA Regional Benefit Office
210 Franklin Rd., SW
Roanoke, VA 24011