If you are a veteran who was injured while serving our country, you deserve support. If your disability claim has already been denied, I can be of service. I have significant experience in veterans disability law and can help you get the medical benefits you need as a result of a service-related injury, condition or illness. As a retired U.S. Army JAG Corps member with 22 years of military experience, and the principal of Zachary A. VanDyke, P.A., I offer accessible and flexible legal representation and counsel. Contact me to arrange a low cost consultation on the phone or in my Panama City office. Call 850-215-6445.
Legal Advice On Denied Veterans Disability Benefits
It is estimated that six million veterans suffer from a disability, and over half of those disabled veterans were injured or harmed while serving their country. Veterans disability benefits are available for a wide range of injuries and conditions. Sometimes a veteran's injury, condition, or illness is not readily visible, but can result in a disability.
Common injuries, symptoms and illnesses suffered by veterans include:
- Traumatic brain injuries (TBIs) and other head injuries
- Post-traumatic stress disorder (PTSD)
- Eye injuries and visual impairment
- Inner ear injuries and hearing loss
- Back, neck and spinal cord injuries
- Joint problems
- Sexual trauma
- Lou Gehrigs' disease
- Cushing's syndrome
- Gulf War syndrome
- Sleep apnea
- Complications from Agent Orange exposure
- Complications from radiation exposure
- Hypertension (high blood pressure)
- Heart disease
- Mental disorders
If you or a loved one suffered while serving, you have nothing to lose by consulting me about your possible benefits. I welcome your call or email.
Don't Suffer Alone And In Silence
With the sacrifices you have made for your country, don't suffer in silence. You deserve your health and financial support. I have the knowledge and experience to handle your Veterans Affairs (DVA) disability claim with speed, delicacy and a deep understanding of what it is like to suffer a disability without having the financial support necessary to meet one's needs. You don't have to go it alone.
After Denial: Assistance With The Veterans Disability Process
Contact me today to discuss the process of receiving VA disability benefits. I can assist you with the following inquiries:
- After a denial, how does the process of receiving veterans disability work?
- What information will I need to submit for receiving VA disability?
- How do I prove I have a disability?
- Can I still receive VA disability benefits even though I am still able to work?
- What happens if I have not been treated for my injury, condition, or illness?
- What happens when my disability benefits have been denied by the VA?
- Does my condition qualify for denied veterans disability benefits?
- Can I receive benefits from the VA in conjunction with Social Security Disability benefits or workers' compensation benefits?
Initial consultations with me are low cost and very accessible. If you have questions, do not hesitate to call. There is no charge for your phone call.
Acquiring 100% VA Disability Compensation
Trying to get a 100% VA rating is not simple. I am skilled in helping veterans receive all the disability benefits they deserve after being denied. Currently, there are two ways for a denied veteran to receive 100% schedular rating compensation:
- Service-connected disabilities: A veteran has a service-connected disability, or even multiple disabilities, which the VA identifies as 100% disabled. This path to a 100% VA disability rating is extremely difficult to achieve if one desires to combine multiple disabilities in order to reach 100%.
- Not able to work: A veteran who has a service-connected disability that keeps one from work, regardless of schedular rating, is eligible for Individual Unemployability (IU). This path to a 100% rating is when the service-connected disabilities prevent you from getting and keeping a job. The alternative IU path can make it easier to gain the same benefits as a regular 100% rating. If a veteran's disabilities keep them from holding a job, then the veteran should be eligible for IU.
Schedular Requirements For IU
When the VA is making a determination on IU, the VA can only consider veteran disabilities that have already been connected to service. This is a confusing area of veterans disability and one which I can explain in detail. The age of a veteran is not a factor when qualifying for IU. The VA cannot state that because a veteran is a certain age, the veteran would not be able to work due to age by itself.
Meeting The IU Rating Requirement
What will happen if a veteran does not meet the rating requirement for IU? Can a veteran still receive IU? Yes, it is still possible under certain circumstances. If a denied veteran does not meet 60% single disability or 70% combined disabilities, the VA still allows for IU. The VA recognizes that there are some denied veterans who cannot work because of their service-connected disabilities, and they don't meet the schedular requirements. When these cases arise, the regional office (RO) submits the claim to the Director of the Compensation and Pension Service. The director will review the claim for extra-schedular consideration.
The RO will prepare a statement regarding the veterans disabilities, work, education and all other factors that have a bearing on the issue. As one can imagine, this is not a fast process. The standard for awarding IU on an extra-schedular basis is that the case must present an exceptional or unusual disability picture.
Denied Veterans Affairs Disability And Social Security Disability Insurance
If you are currently receiving VA disability benefits, there is a possibility that you may also be entitled to Social Security Disability Insurance (SSDI) through the Social Security Administration (SSA). Although disabled veterans can receive VA and SSDI benefits at the same time, different agencies or administrations still pay these benefits. The benefits will be issued separately on a monthly basis. The SSA bases disability payments on your average earnings from your work history record, whereas, the VA disability is determined on a range of rating factors.
At Zachary A. VanDyke, P.A., I will help you understand the entire requirements for potentially receiving both VA disability and Social Security Disability at the same time.
There are some differences in qualification rules for Social Security Disability versus veterans disability. Veterans can be partially disabled and still receive disability from the VA; however, to receive Social Security Disability, the impairment either must prevent employment completely or must stop one from participating in substantial gainful activity.
Reach Out To Me To Get The Answers You Need
As an attorney who has 22 years of military experience, I know firsthand how tricky it can be to navigate the VA system. I am here to help. Call 850-215-6445, and set up a low cost consultation. You can also get in touch with me via this website email. Se habla español.