If you are a veteran in West Virginia 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 help them seek all of the benefits they are entitled to.
If you live in West Virginia and need help securing the full VA disability benefits you deserve, you should contact a law firm with the knowledge and experience to fight for your rights.
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 VA Disability Claims in West Virginia
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 seeking 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 that are 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 also have other events, such as surgical outcomes.
In general, the VA classifies claims into four types.
- An original claim is the first claim filed for VA benefits.
- A reopened claim is a final decision not to grant benefits that is more than one year old and has not been appealed. The case cannot be reopened unless new evidence is received.
- 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 throughout the entire process. Many people inadvertently make filing errors that either delay their claims or result in outright denials.
West Virginia Disabled Veteran Benefits
The VA has multiple disability compensation programs. The main kinds of tax-free disability benefits include:
- Disability Compensation — Benefits paid to veterans with disabilities caused by diseases or injuries 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 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) — 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.
The VA has several other disability compensation programs that compensate veterans or their families for a variety of other 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 the VA, to be eligible, 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 at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.”
How Our VA Disability Attorneys in West Virginia Can Help
VA disability claims can be incredibly challenging for many applicants because of their inexperience in applying for benefits. Failure to understand guidelines and types of medical evidence required can result in a delay or outright denial of benefits.
Some veterans may struggle to prove that their physical disability deserves a higher disability rating. In other cases, PTSD diagnosis and mental disabilities may be incredibly difficult to prove. A knowledgeable lawyer will be able to put together the most compelling evidence that demonstrates and proves the extent of your disabilities.
Depending on the type of disability claim filed, 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 through medical reports and other evidence.
Contact Us Now for Help with Your VA Disability Claim in West Virginia
Are you a veteran in West Virginia 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 West Virginia. We’re here to fight for the benefits you need. Schedule a free consultation with one of our experienced veterans’ disability lawyers by calling us or by filling out a contact form on our site.