You have served your country; now allow us to serve you. Recently, the laws governing veterans’ disability benefits have changed substantially. The new laws essentially enable attorneys to represent veterans who are seeking disability benefits from the Veterans Administration. Contact a Denver veterans disability lawyer at The Wilhite Law Firm today.
“I’m very thankful and appreciative for The Wilhite Law Firm! They are the best. They facilitated treatment and getting me healed, so I could get back in action. Elizabeth is delightful to work with and so sweet. Robert Wilhite is the MAN, and means business!”
At The Wilhite Law Firm, we have extensive experience representing people seeking benefits before administrative agencies. This gives us the necessary skills to effectively present our claims to the VA. Call a VA disability attorney in Denver today. We have someone available to discuss your case 24 hours a day, 7 days a week, no matter where you are, including Colorado Springs, the Denver Metro Area, and Greeley.
We can also be contacted via email.
As a veteran, you may be eligible for two types of Veterans disability benefits: service-connected compensation and non-service-connected pension.
Service-Connected Compensation may be available for veterans with an injury or illness that developed or was aggravated during active military service. For example, many veterans returning from combat suffer from brain injury, amputation, or post-traumatic stress disorder (PTSD). A surviving spouse, child, or parent may also be entitled to some benefits.
Non-Service Connected Pension may be available for service members who served at least 90 days of active duty, including at least 1 day during a period of war. To be eligible for this pension, you must meet income requirements and be permanently and totally disabled or older than 65.
To apply for either service-connected or non-service-connected veteran’s disability benefits, you can file an application with the Veterans Administration Regional Office or at the Veterans Hospital, and you will receive a rating decision. Most of the time, these rating decisions are not favorable. You may be denied benefits, or you may not be granted full benefits. This is where a disability attorney in Denver can help.
Protect Your Rights To VA Disability Benefits
Upon receiving your rating decision, you have one year to appeal this decision by filing a Notice of Disagreement. There are three options for appeal. It is important to consult with an attorney about these options and what would be best for you.
Our veterans’ disability benefits lawyers in Denver can help you effectively prepare and present your case to improve the likelihood of a successful resolution.
How Our VA Disability Attorneys Can Help
You stepped up when our nation needed you. Now your country needs to be there for you. Unfortunately, disabled veterans often have to fight to get disability benefits. If you have a service-related disabling condition or disease, let our compassionate VA benefits attorneys assist you. If you are disabled as a result of military service and are having difficulty obtaining full benefits, our knowledgeable attorneys may be able to help.
The VA disability lawyers at The Wilhite Law Firm, we respect the service and sacrifices that veterans have made for our country and want to do what we can to help. Our VA disability attorneys in Denver have extensive experience representing people seeking benefits before administrative agencies. This gives our attorneys the experience to present your claim for VA disability benefits effectively to the Veterans’ Administration. The Wilhite Law Firm is a long-established firm in Denver, and we are proud of the Heritage of Justice we have established by successfully representing thousands of injured and disabled people over four decades. We have someone available to discuss your case 24 hours a day, seven days a week, wherever you are in Colorado Springs, the Denver metro area, or Greeley.
Contact us today to discuss your VA disability claim. Speak with an experienced disability benefits lawyer at The Wilhite Law Firm. There are no attorneys’ fees unless we win your case.
What Types of VA Benefits Are Available?
As a veteran living in Denver, CO, you may be eligible for two types of veterans’ disability benefits:
service-connected compensation
non-service-connected pension.
Service-connected compensation may be available for veterans with an injury or illness that developed or was aggravated during active military service. A surviving spouse, child, or parent may also be entitled to some benefits.
A non-service-connected pension may be available to service members who served at least 90 days of active duty, including at least one day during a period of war. To be eligible for this pension, you must meet the requirements and be permanently and totally disabled or older than 65.
What Is Considered A VA Disability?
A disabling injury or illness that was caused or aggravated by your active duty military service is considered a service-connected veteran’s disability. Certain diseases and disabling conditions that are diagnosed after military service are presumed to be service-related and entitle a veteran to disability benefits. For example, exposure to certain toxic chemicals, such as herbicides, during military service may cause the development of diseases later in life that are presumed to be connected to the veteran’s military service.
If you have a service-connected disability, you may be entitled to tax-free veterans’ disability benefits paid monthly. If you sustained an injury or condition while on active duty or developed a disease connected to your military service, you may be entitled to veterans’ disability benefits. If your military service caused your medical condition to worsen, you also may qualify for disability benefits.
Veterans with certain severe disabilities may be eligible for additional special monthly compensation. A Denver VA disability benefits attorney can assist with filing claims, gathering evidence, and appealing denied applications.
How To Apply For VA Disability Benefits in Colorado
To apply for either service-connected or non-service-connected veterans’ disability benefits, you can file an application with the Veterans Administration regional office or at a VA Hospital. You will receive a rating decision. Conditions that qualify for VA disability payments are rated on a scale of 10 percent to 100 percent disability.
Most of the time, the rating decisions are not favorable. You may be denied VA benefits, or you may not be granted full benefits. This is where a VA disability attorney in Denver or Colorado Springs can assist. After receiving your rating decision, you have one year to appeal this decision.
Your case must be properly presented with supporting medical evidence. Proving that a veteran’s illness or disability is related to his or her military service is usually the most challenging part of the process. Our veterans’ disability benefits lawyers at The Wilhite Law Firm can help you effectively prepare and present your case to improve the likelihood of a successful outcome.
How Can I Get a 100% VA Disability Rating?
The Veterans Administration determines each veteran’s eligibility for benefits and the amount the vet should receive by reviewing medical records, doctor reports, military service records, and other evidence.
You may obtain a 100 percent VA disability rating if you have two or more service-related disabilities that have a combined rating of 100 percent disability
You also may qualify for a 100 percent total disability rating based on your service-related condition and your inability to maintain gainful employment as a result. The Veterans Administration refers to this as Total Disability Based on Individual Unemployment (TDIU). A finding of individual unemployability allows the VA to pay disability benefits based on a 100 percent disability rating.
How Do I Qualify For Total Disability / Individual Unemployability?
To qualify for TDIU, you must have a service-connected disability rated at 60 percent or higher or two or more service-connected disabilities with a combined rating of 70 percent or higher.
In addition, you must present evidence that the service-related disability prevents you from maintaining gainful employment. The occasional odd jobs are not considered gainful employment.
Here is an example: A veteran from Denver, Colorado, served as a medic in the Gulf War and lost a leg due to an improvised explosive device in Iraq. He had difficulty transitioning back to civilian life and received a diagnosis of post-traumatic stress disorder. Both the lost leg and the PTSD were diagnosed as related to the veteran’s military service. The combined disability rating is 80 percent.
The veteran applied for TDIU because his disabilities made it difficult for him to keep a job. His only employment in the last few years has been doing odd jobs and occasional errands for an elderly neighbor. The evidence showed that the veteran’s service-related disability made him unemployable. In reviewing the TDIU application, the VA granted the veteran benefits at 100 percent disability based on TDIU.
Can You Work If You Get a 100 Percent VA Disability?
The answer is that it depends on the details of your 100 percent disability rating.
If a veteran has service-related disabilities that combine to equal a 100 percent disability rating, the vet may receive disability benefits and still work full-time.
On the other hand, if a veteran qualifies for VA disability benefits based on a claim of Total Disability/Individual Unemployability (TDIU), that claim is based on an inability to perform physical or mental work and maintain gainful employment as a result of the disability. If a veteran is awarded 100 percent disability under TDIU, he or she is prohibited from working full-time.
The vet may hold some marginal employment and earn a limited amount without jeopardizing the disability benefits.
Is My VA Disability Rating Permanent?
Many service-related disabilities have a likelihood of improvement over time. Therefore, most disability ratings are not considered permanent and are subject to review in the future.
Some VA disability ratings are designated as temporary ratings. For example, if a veteran requires surgery for a service-related disability and requires a convalescence period of 30 days or longer, the VA may pay at a 100 percent disability rate for the duration of the vet’s convalescence. The length of VA benefits under the 100 percent temporary disability rating depends on what the doctor reports as the recovery period.
If a veteran has a 100 percent permanent and total rating, the VA is signaling that there is no likelihood that the service-related condition will improve, and there will be no future examination to re-evaluate the rating.
If you receive a disability rating that you disagree with, you have a right to file an appeal to have the rating reviewed.
You can also request a rating re-evaluation if you believe that your service-related disability has gotten worse since you received the original rating. A VA disability benefits lawyer at The Wilhite Law Firm in Denver can offer guidance and help if you are a veteran seeking disability benefits.
Contact a VA Disability Attorney in Denver
Contact us today via email or call us to discuss your claims with one of our attorneys. Our Denver veterans disability lawyer is dedicated to helping clients navigate complex legal matters. As a result of our nationwide network of VA disability benefits attorneys, we are able to effectively serve clients across the country.
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Kristina Vasold was born in 1979 in Saginaw, Michigan. She grew up in Saginaw until her family decided to move to a little desert town in Nevada when she was in high school. She graduated high school in 1998 and started her college education at the University of Nevada, Las Vegas.
Upon receiving your rating decision, you have one year to appeal this decision by filing a Notice of Disagreement. There are three options for appeal. It is important to consult with an attorney about these options and what would be best for you.
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