FAQs Regarding Veterans Benefits & Eligibility

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When applying for Veteran’s Benefits, it is important to educate yourself to the fullest extent possible.  In other words, having knowledge about the law and the associated process of qualifying for benefits can have a significant impact in your case.  While an experienced Kansas City VA benefits attorney can guide you through the process, being well-informed often means the difference between getting benefits or not.  Accordingly, I have put together a list of the most common FAQs regarding VA benefits in order to help you maximize your chances of getting the benefits you deserve.  They are as follows:

  1. 1.      What is veteran’s disability compensation and am I eligible?

You may be eligible for VA benefits in the event that you were injured, stricken with an illness or wounded during active combat while serving in the military. Keep in mind that pre-existing conditions or diseases which were worsened by active military service may also be covered.  Although the majority of service-connected disabilities appear during or right after one’s military service, there are others that do not manifest themselves for years to come.  It is important to speak with an experience VA benefits attorney to help analyze your case and determine whether you may qualify for benefits in this regard.

  1. 2.      How is disability compensation determined?

The ultimate amount of disability benefits awarded hinges upon the severity of your disability.  When applying for benefits, it is important to provide comprehensive medical records so that the VA and determine an appropriate amount of compensation. Oftentimes, a veteran must submit to a medical examination conducted by a VA doctor in order to complete the review process.  The VA rates your disability and expresses it as a percentage.  The payment you receive is based upon this percentage.  Having dependents can increase this amount under certain circumstances.

  1. 3.      What is the VA’s pension benefit and how do I qualify?

A monthly monetary amount may be available to veterans who served during a war who are facing limited income and permanent disability. The disability does not necessarily have to be connected to military service but it cannot result from any intentional or wrongful conduct.

  1. 4.      How is a monthly pension amount determined by the VA?

Pensions are based upon need.  In order to qualify, you must be considered financially needy based upon your income, savings, number of dependents, and the property you own.  If you receive any SSDI benefits, your pension amount may be reduced.  However, your benefits may be increased in the event that you require long term care or are permanently housebound.

  1. 5.      What do I have to do to apply for VA benefits?

If you are a veteran, you may be able to obtain assistance from a VA service officer in order to start the application process.  Keep in mind that veterans and their dependents may file for benefits.  You can call the VA at their toll free number, which is 1-800-827-1000.  You can also speak with a qualified Kansas City VA benefits attorney to help you with the application process, especially if you think you may have difficult proving eligibility.

Call Us to Find out How We can Help You Get the VA Benefits You Deserve

Ms. Sanger has helped numerous veterans during the benefit application process and has also represented them in appealing a denial or rating decision.  The Sanger Law Office is ideally located in Lawrence, KS and represents veterans who have been denied disability benefits both in Kansas and Missouri. If you are having challenges obtaining VA disability benefits or have any questions, contact attorney Danielle Sanger today for an initial free consultation at 785-979-4353.

 

Veterans Benefits and Post-Traumatic Stress Disorder

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Members of the armed services who engaged in prolonged combat or experienced some other type of traumatizing event while serving in the military may be at risk for developing post-traumatic stress disorder (PTSD).  PTSD, also commonly referred to as battle fatigue or “shell shock”, has been a recognized as a condition suffered by soldiers for several centuries.  However, only recently has PTSD been recognized in the United States as a serious and benefit worthy condition.

When people suffer from PTSD, they often full range of different symptoms that start soon after facing a life threatening event.  Moreover, PTSD is one of the most common mental health conditions that members of the military face after being in combat.  Specifically, from 1999 to 2007, the number of veterans benefits claims for PTSD more than doubled.  According to the Department of Veterans Affairs, or VA, soldiers suffering from PTSD often face the following serious difficulties:

  • Flashbacks of the traumatizing event
  • Avoidance of situations that cause you to remember the event
  • Feeling withdrawn from family and friends
  • Substance abuse problems, such as alcoholism or drug addiction
  • Feeling constantly irritated, jittery or “on the edge”
  • Problems handling relationships
  • Feeling depressed, hopeless or shameful
  • Trouble working or holding a job
  • Physical problems

Additionally, in order to receive PTSD benefits, a veteran must meet the following requirements:

  • Receive a clear PTSD diagnosis;
  • Provide evidence of the event that occurred during military service that caused the condition; and
  • Establish through evidence that the cause of one’s PTSD stems from the traumatizing event

Once a veteran is able to establish that their PTSD is connected with their military service, the VA will then determine the appropriate amount of disability award.  For service connected PTSD, the VA determines the benefit amount based upon the level of impairment.  Specifically, there is a disability scale that begins with zero and goes up to 100 percent.  To illustrate, for PTSD condition that does not cause disability, a veteran will likely receive a 0 percent rating.  In the event that someone is completely debilitated by PTSD, they may receive a much higher rating, perhaps between 70 and 100 percent.

Establishing your right to disability compensation for PTSD can be extremely challenging and complex.  However, you can maximize your chances of obtaining VA benefits by working with an experienced Kansas City VA benefits attorney.   Only a skilled attorney can evaluate your case and help you fight for your rights.

Call Us to Find out How We can Help You Get the VA Benefits You Deserve

Ms. Sanger has helped numerous veterans during the benefit application process and has also represented them in appealing a denial or rating decision.  The Sanger Law Office is conveniently located in Lawrence, KS and represents veterans who have been denied disability benefits both in Kansas and Missouri. If you are having challenges obtaining VA disability benefits or have questions about the application process, contact attorney Danielle Sanger today for an initial free consultation at 785-979-4353.

 

Veterans for Common Sense Says VA Claims For Reservists Are Denied More Often

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Veterans for Common Sense found that members who were deployed to Iraq and/or Afghanistan were having more difficulty getting benefits approved by the Veterans Affairs Department as compared to other veterans seeking disability compensation claims. This new data cites information and data obtained by the Veterans for Common Sense through the Freedom of Information Act. In the data, the denial rate for claims filed by reserve component combat veterans is four times higher than for post-9/11 combat veterans who were active-duty members.

There are 1.6 million post-9/11 combat veterans. About 566,000 are receiving disability benefits; 53,000 have been identified with service-connected conditions that merit disability ratings too low to qualify for compensation. Another 15,640 claims were denied, according to the VA records. While Guard and reserve members make up 40 percent of post-9/11 combat veterans, they accounted for 60 percent of the claim denials.

Read more at http://www.armytimes.com/news/2012/10/military-reserves-va-disability-compensation-102312w/8fa2a67f9214c7994dfd823174014787

The Types of Disability Benefits Available to Injured Veterans

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If you have been injured while actively serving in the U.S. armed forces, you should consider all of your financial options, including applying for veterans’ disability benefits.  These benefits are available through the U.S. Department of Veterans Affairs (“VA”) and are subject to two primary disability programs, which depend upon whether your disability is service related or not.

For service connected disabilities, benefits can be awarded for physical or emotional conditions that occurred as a result of active military service.  In order to qualify for service related disability benefits, you must also show that an incident that occurred during active service specifically caused your disability or, that there is a medical nexus between your disability and/or condition and your active service duties.  In addition, you must have been discharged under honorable circumstances and also, be diagnosed with a service connected disability in order to qualify for these benefits.  While a service connected disability need not derive from actual combat duty, it must have originated in the service or be service related in some form or another.  Moreover, some disabilities can still be considered service connected, such as post-traumatic stress disorder arising from active duty that later causes depression and other emotional disturbances.

For non-service connected disabilities, you may still be entitled to receive benefits from the SSA.  Known as a non-service connected pension, this may allow you recover benefits even if your injuries are not service connected.  Specifically, in order to obtain this type of benefit, you must have served in active duty during a war period, you must have a severe and permanent disability, and you must also meet certain financial criteria.

In general, there are certain legislative presumptions that give veterans a leg up in prevailing on their disability benefit claims.  For instance, if a Vietnam War veteran is diagnosed with diabetes mellitus to a ten percent or more degree of impairment, it will be presumed that said condition is service-connected. Specifically, these presumptions are especially benefit veterans who became inflicted with certain diseases that are common among people who served in a particular war or during a specific period of time.

For more information on the above, give the Sanger Law Office a call now to learn more about your legal options, your rights and responsibilities, as well as how we can help you get the compensation that you deserve.  We at the Sanger Law Office can review your application for SSDI benefits prior to submission, assist you in submitting a request for reconsideration of a denial, or represent you in a formal appeal of your denial of SSDI benefits. Ms. Sanger provides thorough analysis of her clients’ medical records and zealous advocacy to assist her clients in obtaining the benefits they need to care for themselves and their families.  The Sanger Law Office is centrally located in Lawrence, KS and represents those denied social security disability benefits in Kansas and Missouri. If you have been denied SSDI disability benefits or just have questions about your rights to SSDI, you should contact Danielle Sanger today for a free consultation at 785-979-4353.  We look forward to helping you get the benefits that you deserve.

Veterans’ Disability Benefits and Denials

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 At the Sanger Law Office, we know firsthand how difficult it is to be denied veterans’ disability benefits, especially after spending years putting your life on the line as a member of the U.S. armed forces.  Otherwise stated, the last thing you need to deal with after being injured in battle is having to fight yet another war with the U.S. Department of Veterans’ Affairs (“VA”) to get the veterans’ disability benefits that you deserve.

Importantly, a law passed in late 2007 allows veterans to hire an attorney to represent them after the initial denial of their disability benefits at what’s known as the “Notice of Disagreement” stage of your case.  Essentially, this law was enacted to provide disabled veterans with the best chances of obtaining much needed disability benefits to help treat and cope with their service related medical injuries and/or conditions.  Since dealing with the VA to obtain disability benefits can be a rather time consuming and complicated process, having an experienced veterans’ benefits denial attorney on your side can often increase your chances of getting a decision in your favor and also, getting your life back on track.

Whether you are a veteran of the Navy, Air Force, Coast Guard, Marines or Army, you may be entitled to receive disability benefits for any injuries or medical conditions that stem from your active duty service.  Moreover, you may be entitled to additional compensation for any injuries or current medical issues that were worsened during active service.  In general, receiving said benefits is contingent upon how you left the military, whether due to an honorable discharge or some other valid reason.

Overall, the monetary amount to which you may be entitled depends upon the nature and severity of your injuries.  For example, you may be able to receive additional amounts of money in the event that you lost a limb or limbs, you are married, you have a child or children, you have other dependents such as parents, and if your spouse or children are disabled.

If you have been denied veterans’ disability benefits, you should not give up fighting for what’s right.  Specifically, you should appeal your denial decision as soon as possible.  However, you shouldn’t go about your case alone, as an experienced veterans’ disability benefits attorney can often make a huge difference in your case.

Accordingly, Ms. Sanger can help simplify the complex process of appealing a denial of veterans disability benefits and represent you in appealing a denial or rating decision.  She can also assist you in accurately completing the paperwork so that you do not suffer even longer delays in an already lengthy process.  The Sanger Law Office is centrally located in Lawrence, KS and represents individuals who have been denied veterans’ disability benefits in Kansas and Missouri. If you are having challenges obtaining VA disability benefits in Missouri or Kansas, contact Danielle Sanger today for an initial free consultation at 785-979-4353.

An Overview of the VA Disability Ratings System

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If you are a member of the armed services and were injured during periods of active duty, you may be entitled to receive veterans’ disability benefits.  However, the process involved in obtaining these benefits can prove to be rather time consuming, complicated and sometimes, a rather complex undertaking.  Specifically, if you file a claim for disability benefits, you may be required by the U.S. Department of Veterans’ Affairs (“VA”) to undergo an independent medical evaluation. The information obtained during this examination will be used by the VA to determine whether or not you are eligible to receive benefits and, how much money you may be entitled to receive.

 In evaluating your claim, the VA uses a system called the “Schedule for Rating Disabilities”, which helps them to assess the nature and severity of your claimed disability.  This schedule contains a laundry list of medical conditions, with over 700 diagnostic codes that are organized based upon the various bodily systems, such as the cardiovascular, respiratory and digestive systems.   In addition to the aforementioned, said schedule also includes a whole host of different qualifying mental conditions and disorders.

The VA schedule also provides certain criteria for assigning a specific disability rating to your case, which can range anywhere from 0 to 100 percent.  The percentage assigned to your condition depends upon the severity of your disability.  A higher percentage will allow you to collect a larger amount of disability benefits.  However, the VA will reduce this rating pursuant to your earning capacity, which is often determined via the VA’s medical examination.  In terms of compensation, this depends upon the rating assigned to your case, and whether you have dependents, such as a spouse, children and parents.  Keep in mind that you may be entitled to more money in the event that you lose the use of certain body parts, such as limbs and organs.

In rendering a ratings determination, the VA reviews the report generated from your medical examination and also, considers the same disability under various diagnosis codes.  In the event that there is any doubt as to the nature of your disability, the VA will normally decide in your favor.  For instance, if there is sufficient evidence to demonstrate either a 40 or 60 percent disability rating, you will likely receive the higher percentage pursuant to the Reasonable Doubt Rule.  According to the Reasonable Doubt rule, codified at 38 C.F.R. §3.102, when there is an equal or almost equal amount of evidence in support of and against a benefits claimant, said claimant will be given the “benefit of the doubt” and receive an award in his or her favor.

Whatever the situation, having an experience veterans disability ratings attorney on your side can often make a huge difference in your case.  Accordingly, Ms. Sanger can help simplify the challenging and complex process of obtaining disability benefits and represent you in appealing a denial of your claim or, an adverse rating decision.  She can also assist you in accurately completing the paperwork so that you do not suffer even longer delays in an already lengthy process. The Sanger Law Office is centrally located in Lawrence, KS and represents individuals who have been denied veterans’ disability benefits in both Kansas and Missouri.  If you are having challenges obtaining VA disability benefits in Missouri or Kansas, contact Danielle Sanger today for an initial free consultation at 785-979-4353.