West Virginia VA Disability Benefits Attorney

Lawyer Helping With Claims for VA Disability Benefits in West Virginia

Military service often leaves lasting effects on veterans, who may deal with both physical and emotional concerns that could affect their daily lives and make it difficult for them to maintain employment. Veterans who have experienced disabilities related to their military service can receive benefits from the United States government. Unfortunately, the reality for many veterans in West Virginia is that securing these benefits can be a difficult and confusing process.

At The Vet Law Office, Attorney Edward Farmer, a disabled veteran himself, is committed to standing with veterans and protecting their rights. His understanding of the system comes from both personal experience and legal training, which ensures that he can provide compassionate, knowledgeable assistance to people who are applying for VA disability benefits.

How Can Veterans Qualify for VA Disability Benefits?

Before receiving VA disability compensation, veterans must meet specific criteria set by the Department of Veterans Affairs. These include:

• Qualifying Service: VA disability benefits will only be available to veterans who have served in active duty. When a veteran left military service, their discharge must not have been dishonorable.
• Current Medical Condition: The veteran must be diagnosed with a physical injury, a serious illness, or a mental health condition that has had a measurable impact on their ability to perform daily tasks or maintain employment.
• Service Connection: The disability must be directly linked to the veteran's military service. This could be through the direct effects of an injury that occurred during a person's service, the aggravation of a pre-existing condition, or presumptive medical conditions related to issues such as exposure to Agent Orange or burn pits.

Understanding How the VA Determines Disability Ratings

Once the VA approves a claim and finds that a disability has a service connection, it will assign a disability rating that indicates the severity of the condition. Disability ratings are issued in 10 percent increments, and they can range from 0 percent to 100 percent.

The VA uses a detailed rating schedule, which evaluates the loss of function or earning capacity related to the disability. In cases where a veteran suffers from multiple service-connected conditions, the VA uses a complicated formula to calculate a combined disability rating.

Many veterans find that the rating they receive does not accurately reflect the true extent of their disabilities. Attorney Edward Farmer assists veterans in challenging incorrect ratings by gathering new medical evidence and arguing for a fair and just evaluation.

The Purpose and Importance of C&P Exams

As part of the claims process, most veterans will be required to attend a Compensation and Pension (C&P) exam. These exams provide the VA with updated information about the veteran's current medical condition and the connection of a disability to military service.

If a C&P exam is not conducted correctly, a claim may be denied because the examiner believed that the condition is not serious enough to be considered a disability or that the condition is not connected to military service. Disability ratings may also be assessed incorrectly based on an improper evaluation of the severity of a condition.

Attorney Edward Farmer helps West Virginia veterans prepare for C&P exams, ensuring that they are ready to clearly explain their conditions and fully communicate the challenges they face. He can provide guidance on how to demonstrate the effects of a service-connected disability, and he can also help obtain documentation from other medical providers to demonstrate the severity of a veteran's condition.

Options for Appealing VA Disability Decisions

Veterans in West Virginia who receive a denial of benefits or a disability rating that does not reflect the severity of their condition have several avenues for having their claims reevaluated. Options for appeals of the decisions made in VA disability cases include:

• Higher-Level Review: A veteran may request a review of their claim when they believe the VA made a mistake. A senior VA reviewer will examine the case to determine if an error was made. No new evidence can be submitted or considered during this review.
• Supplemental Claims: When new and relevant evidence becomes available, this type of appeal will allow a veteran to submit additional documentation and have the VA reevaluate the decision based on all available information.
• Appeal to the Board of Veterans' Appeals: A veteran may seek a more formal review by having their case considered by a Veterans Law Judge. They may submit additional evidence, and a hearing may be held where their attorney can make legal arguments and advocate for decisions that will protect the veteran's interests.

Attorney Edward Farmer will carefully evaluate each case to recommend the most appropriate course of action. With his experience in these cases, he can help increase the chances of a favorable outcome that will provide a veteran with the proper disability benefits.

Contact Our West Virginia VA Disability Benefits Lawyer

At The Vet Law Office, Attorney Edward Farmer is proud to help fellow veterans cut through the bureaucratic red tape and fight for the disability benefits they deserve. He is ready to advocate for you. Contact Attorney Farmer at 1-800-700-4174 to set up your free consultation.

VA Health Centers in West Virginia

Beckley VA Medical Center

200 Veterans Avenue

Beckley, WV 25801

Louis A. Johnson VA Medical Center

1 Medical Center Drive

Clarksburg, WV 26301

Hershel "Woody" Williams VA Medical Center

1540 Spring Valley Drive

Huntington, WV 25704

Martinsburg VA Medical Center

510 Butler Avenue

Martinsburg, WV 25405

West Virginia VA Regional Office

Huntington VA Regional Benefit Office

640 4th Avenue

Huntington, WV 25701