VA Disability Benefits
At Gold, Khourey & Turak, we understand the sacrifices our servicemen and women make every day to serve and protect our nation, communities, and families. In fact, for us, it’s personal. Many at GKT have spouses, family members, and friends who have served or are currently serving in the United States Military. Unfortunately, we know the sacrifices don’t often end when a service member makes the transition to a Veteran. Many Veterans are faced with lifelong disabilities that can prevent them from working and providing for their families. If you are a Veteran who suffers from an illness, injury, or condition that affects your body or mind, you may be eligible for VA disability benefits. We can help.
We Can Help!
The Ohio Valley has a long tradition of patriotism and serving our country. Our Veterans have done their duty and served us, now it’s our turn to serve them. At GKT, we have a dedicated attorney to help Veterans with their VA disability claims. Attorney Taylor Potts has obtained formal certification through the U.S. Department of Veteran Affairs and is recognized as an accredited representative for Veterans, service members, dependents and survivors who are seeking VA disability benefits. If you or someone you know needs assistance with VA disability benefits, contact our office today at (304) 845-9750. We provide a free consultation and there is no fee unless we win you your benefits. Home, evening, and weekend appointments are available.
Unfortunately, based on current statistics, more than 30 percent of VA claims are denied and about 60 percent of those denied are in error. Our Veterans deserve better. Injured Veterans who have honorably served our country deserve the disability benefits entitled to them. We are ready to help.
– Taylor D. Potts, VA Disability attorney
Are You Eligible?
VA Disability Benefits are monetary benefits paid to Veterans when they become partially or fully disabled due to injury or illness stemming from their military service. Veterans who had a pre-existing condition made worse as a result of their service may also qualify to receive benefits. There are a wide range of physical (injuries, diseases, etc.) and mental health conditions (such as PTSD) that are considered. Conditions could have developed before, during, or even after military service. Contact our office today at (304) 845-9750 for a free consultation to see if you are eligible.
Proving Your Disability
In order for your disability to entitle you to VA disability benefits, it must be proven that the condition or conditions are related to your military service. Proving your disability is related to your military service can be a complex process. In order to prove this connection, you must have medically documented evidence, i.e., medical records, that show a connection. While the case examiners and Veterans Benefits Administration will attempt to obtain all of your needed records, it is ultimately your responsibility as the applicant to provide all the evidence necessary to complete your claim. At GKT, we understand the VA disability system, and we can help you obtain the benefits you have earned. Whether you are filing for the first time or appealing a denied claim, we can help gather the proper documents and evidence to put you in the best position to win your claim. You have served us, now let us assist you. Every situation is unique so call us today at (304) 845-9750 to schedule your free consultation.
Denied? Don’t Give Up, Appeal Your Claim
Unfortunately, chances are your claim for VA disability benefits will be initially denied, or your disability rating may not be as high as it should be. Don’t give up! You don’t have to settle for what has been given. There are numerous appeal options available to continue your claim. With the passing of the Veterans Appeals Improvement and Modernization Act of 2017, the Department of Veterans Affairs has streamlined the appeals process for Veterans. Currently, Veterans can appeal a denied claim in the following ways:
- Higher-Level Review – Which is a completely new review of your claim by a senior claims examiner who will review your prior decision and issues a new decision that overturns the prior denial. Under this review, you are allowed to submit no new evidence.
- Supplemental Claim – Amounts to a continued review of your claim that allows for the submission of further evidence that could support your disability and service connection after the initial denial is issued.
- Appeal to Board of Veterans Appeals – Direct appeal of your decision for review by a Veterans Law Judge. This appeal can allow for new evidence to be submitted, if submitted correctly, and will allow you, under certain circumstances, to testify before the Veterans Law Judge if you desire. However, an appeal to this level is the most lengthy and precludes the use of other appeal options.
An appeal to the Board of Veterans Appeals removes it from examiner review. However, if you pursue your appeal by higher-level review or supplemental claim, and it is still denied, you may still seek a hearing with the Veterans Law Judge. Typically, you have one year from the issuance of your claim decision to file an appeal. However, this time frame does not hold across every VA disability claim or appeal type. If you have been denied and need to appeal your VA disability benefits claim don’t wait, call us today at (304) 845-9750 to schedule your free consultation. We are here to help.