If you are a veteran in Georgia who needs assistance obtaining VA disability benefits, turn to a firm that has the right experience and resources to help you. George Sink, P.A. fights for veterans all over the Palmetto State and helps them seek all of the benefits they are entitled to.
George Sink Sr. is a Vietnam War veteran who was injured while serving his country. As a disabled veteran, he understands the challenges that veterans face when filing their disability claims. He and his legal team are here to help you get the benefits you deserve. Call us now or fill out an online form to schedule your free consultation today.
Types of Georgia VA Disability Claims
The VA identifies five types of claims:
- Pre-Discharge Claims — Servicemembers can file claims for disability compensation when they are within 180 days of separation or retirement from active duty or full-time National Guard duty.
- Pre-Service Disability Claims — A servicemember who entered military service with a disability may have the disability worsened by service. This is known as aggravation, and compensation is paid based only on the level of aggravation. A person pursuing a pre-service disability claim must have an increased disability rating as the result of their service.
- In-Service Disability Claims — Injuries, diseases, or disabilities incurred while the servicemember was in the line of duty are considered in these types of claims.
- Post-Service Disability Claims — Some disabilities may be service-related but may not become apparent until after service has concluded.
- Claims Based on Special Circumstances — In some instances, disabilities may be connected to service but are also affected but other events, like a botched surgery.
The U.S. Department of Veterans Affairs (VA) generally classifies claims into four types:
- An original claim is the first claim filed seeking VA benefits.
- A reopened claim refers to a denial of benefits that is more than one year old that has not been appealed. The case cannot be reopened unless new evidence emerges.
- A new claim is a claim that involves new evidence and is independent of any evidence submitted for an earlier claim.
- Finally, a secondary claim addresses disabilities caused or worsened by other service-related conditions.
Retaining legal counsel can help ensure that your claim is handled correctly. Many people inadvertently make filing errors that either delay their claims or result in outright denials.
For a free legal consultation with a Veteran's Disability lawyer serving Georgia, call 1-888-392-5392
Georgia VA Disability Benefits
VA has multiple disability compensation programs. The main kinds of tax-free disability benefits include:
- Disability Compensation — These are benefits paid to veterans with disabilities incurred or aggravated during active military service. Benefit amounts are determined based on the degree of the veteran’s disability on a scale from 10 percent to 100 percent.
- Dependency and Indemnity Compensation (DIC) — Benefits paid to surviving spouses, children, or parents of servicemembers killed while on active duty, active duty training, or inactive duty training, as well as survivors of veterans who died from service-connected disabilities.
- Special Monthly Compensation (SMC) — SMC may provide a higher rate of compensation for special circumstances, such as the need for assistance with a specific disability or the loss of use of a hand or leg.
VA has several other disability compensation programs that compensate veterans or their families for a variety of circumstances, including automobile allowances, unemployability, hospitalization, birth defects, and clothing allowances.
In some cases, veterans may be entitled to Individual Unemployability or Total Disability based on Individual Unemployability (TDIU). This VA disability compensation program covers veterans at a 100 percent rate even when their service-connected disabilities are not rated at the total level. According to VA literature, to be eligible for TDIU benefits, you must be a veteran with “at least one service-connected disability rated at least at 60 percent or two or more service-connected disabilities with at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.”
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How Our Georgia VA Disability Lawyers Can Help
VA disability claims can be incredibly challenging for many applicants because of the applicant’s inexperience in applying for benefits. Failure to understand guidelines and various forms of medical evidence can cause the delay or outright denial of benefits.
Some veterans may struggle to prove that their physical disability deserves a higher disability rating. In other cases, mental disabilities, such as PTSD, may be incredibly difficult to prove. A knowledgeable lawyer will be able to put together the most compelling evidence that demonstrates the extent of your disabilities.
Depending on the type of disability claim you file, VA disability ratings may be increased, decreased, or completely severed. An experienced attorney will know the best way to help you argue that your condition has worsened or is otherwise deserving of a higher disability rating.
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Hire a Firm That Will Work Tirelessly for You
Considering George Sink, P.A.’s background as a combat veteran, you’ll be hard-pressed to find a lawyer who will fight harder for the benefits you deserve. Sink and his team takes it personally when veterans like you face challenges to your disability benefits. We’ll overcome any hurdles that arise in your case, including:
- Claims that you don’t have a disability: VA representatives may try to claim that your injuries or illnesses do not meet the criteria of a disability. This contention may not only be insulting and insensitive but may also result in a denial of your claim. An attorney can appeal any such ruling, presenting testimony from medical professionals to support your claim.
- Claims that your disability does not entitle you to the benefits: Even if VA representatives acknowledge that you have a legitimate disability, they may not recognize the severity of your condition. The extent to which you are disabled will have a direct effect on your disability benefits, so an attorney will take all necessary steps to prove the extent of your condition.
- Delays in processing your claim: VA is not necessarily known for handling claims in an efficient manner. The persistence of a lawyer may be helpful in moving your claim along.
- Claims that a disability is not service-connected: The connection between your disability and your service could be a critical one. Your attorney will seek service records, past medical records, and other documentation that proves a connection between your service and your disability, if such a connection applies to your claim.
A VA disability claim can be inherently challenging. Gathering paperwork, dealing with VA representatives, and other features of a claim can tax your time, energy, and health. Consider allowing an experienced attorney to handle this process for you.
Why Should You Let a Lawyer Help with Your Disability Claim?
There are several reasons to let a lawyer help with your VA disability claim in Georgia. Handling your claim without legal help may:
- Put your health at risk: You’re already dealing with a disability. The toll of completing a claim may worsen your existing conditions, as well as compromise your overall health.
- Put your claim’s success at risk: You may have limited attempts to seek the disability benefits that you need. If you fail to make the most of your attempts, then you could compromise the success of your claim. An attorney will use their expertise, knowledge of VA procedures, and attention to detail on your behalf. Two sets of eyes are generally better than one, especially when the second set of eyes belongs to a trained, experienced VA disability lawyer.
- Defeat the purpose of filing a VA disability claim: You’re seeking VA disability benefits so that you can get relief. If your health worsens or you lose your claim because you fail to accept help from an attorney, then you defeat the very purpose of pursuing a claim.
As a veteran, you may be hesitant to ask for help. Now is not the time to fight on your own. Let an attorney serve you by leading your claim or appeal.
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Contact Us Now for Help with Your VA Disability Claim in Georgia
Are you a veteran in Georgia who needs help applying for or appealing a VA disability decision? Make sure that you seek legal representation as soon as possible.
George Sink, P.A. represents veterans in communities all over Georgia. We will fight for the benefits you need. Schedule a free consultation with a veterans disability lawyer by filling out a contact form on our site.
Call or text 1-888-392-5392 or complete a Free Case Evaluation form