A lot of veterans in Greenville, South Carolina, are not getting the appropriate amount of veteran disability benefits, while others do not have the correct disability rating. There are also veterans entitled to TDIU (Total Disability Due to Individual Unemployability) benefits that they are not receiving. You may be getting veteran disability benefits, but the amount that you’re receiving could be thousands of dollars less than what it should be each month. If you are experiencing one of the situations, please contact the Greenville veteran disability attorneys at the Surface Law Firm. We are here to help you get the benefits to which you are entitled. If you are a veteran with any kind of physical disability that is rated at 60% or higher, that was caused by a service injury, and that prevents you from working, give us a call today. We are also here for you if you have any kind of mental disorder that results in a disability which prevents you from working or has not been granted a 100% disability rating and is related to your service.
The US Department of Veterans Affairs (VA) Provides With Benefits for Service Related Disabilities
Any time a veteran is suffering from any kind of disability that is related to service, that person is entitled to fair income and medical benefits. Yet, the VA has become increasingly selective with veteran disability claims, meaning that many people who deserve benefits are not receiving them or are not receiving them at the value that they should be. You may have an unfair disability rating and you may not be treated fairly by the VA. If you suspect that your case is not being handled as it should be, then you need to contact the Greenville, SC veterans disability attorneys at the Surface Law Firm. We are here to fight for you and your rights to reasonable and fair benefits.
Qualifying Criteria Regarding Eligibility for Veteran Disability Benefits in Greenville, South Carolina
The first thing that you need to be aware of when it comes to seeking the veteran disability benefits that you are entitled to in South Carolina is the criteria that qualify you for those benefits. These qualifying criteria include the following:
- Your disability was caused or worsened by your military service, whether it was in active duty, or in active/inactive duty training.
- You must not have a dishonorable discharge in your service history.
- You must have a disability rating that is 10% or higher.
When it comes to TDIU or Total Disability Due to Individual Unemployability benefits, you must be a veteran who is prevented from working because of your disability. In some cases, you may not have a 100% disability rating, but can still recover the benefits associated with a 100% rating with TDIU. These benefits can be very difficult to get approved, so you will want to discuss the possibility with a skilled veteran disability attorney.
What Types of Disabilities Are Common in Veterans in Greenville, South Carolina?
The most common disabilities that veterans in Greenville face include unemployability, psychiatric disability, severe back injury, severe head injury, severe neurological diagnosis, post traumatic stress disorder, sexual assault, physical assault, personality disorders, Gulf War Syndrome, severe heart disease, and severe pulmonary disorders. Even so, not all of these diagnoses will be automatically approved for benefits. You must be able to show that your disability was actually related to your military service or to VA hospital treatment.
Specific Steps in Being Approved for Veteran Disability Benefits in Greenville, South Carolina
In order to be approved for veteran disability benefits in Greenville, South Carolina, you need to know which steps you must take. The experienced attorneys at the Surface Law Firm can help with the process. The first step, of course, is to apply for benefits at the local VA office in Greenville. This is where your initial Ratings Decision will be issued. The next step will be to file a Notice of Disagreement if you want to appeal the Ratings Decision. There is a good chance that you will wish to do so since many veterans do not have the rating that their injuries deserve. You must appeal within one year of the VA decision. Once you do this, you’ll receive a Statement of the Case. You can then offer further evidence of your position, for which you will receive a receipt and a Supplemental Statement of the Case.
From that point, you may still need to appeal the Statement or Supplemental Statement of the Case. You will do so by appealing with your local office. This time, there will be a hearing with the Board of Veterans Appeals (BVA). You have sixty days to do so once you receive the Statement or Supplemental Statement of the Case. At this point, if you have not already done so, you will want to seek the advice and representation of a skilled veteran disability attorney.
Contact the Surface Law Firm for a Skilled Greenville SC Veteran Disability Lawyer
The process of seeking the disability rating and the veteran disability benefits that you deserve can be complicated and time consuming. It can be very difficult to prove your case and face a system that seems to be working against you. Due to the rigors of the benefits system, it is important to work with a skilled Greenville, South Carolina veteran disability attorney. Whether you are just starting the process or whether you are appealing a denied claim or an inaccurate disability rating, the Surface Law Firm will protect your rights and fight to get you the benefits needed to resume your life.
There are cases where you may believe that the claim was wrongfully denied or that you have the wrong disability rating. If so, an attorney can help you to understand why your claim was denied, how disability rating was determined, or what factors contributed to your current disability amount. An experienced vet disability lawyer in Greenville, South Carolina, can also confirm whether you have been treated unfairly. If you have received an unfair judgment or have not be awarded benefits at all, Robert J. Surface will help you receive the appropriate amount of benefits and the appropriate disability rating. Call the Surface Law Firm to schedule a free consultation and learn more about your rights and options.