If you served our country as a member of the military, you may be entitled to certain benefits. This includes disability benefits if you have a physical or mental health impairment that was either caused or worsened by your military service. If you qualify, then you may receive monthly cash benefits from the Department of Veterans Affairs (VA).
Applying for veterans disability benefits requires filling out a form, and submitting it to the VA. This can be done online, by fax, or by submitting it in person or through the mail to the VA. While a veterans disability lawyer cannot represent you with an initial application, they can advise you of your rights and help you with any subsequent appeal.
Based in Cherry Hill, Bross & Frankel advocates for service members and their families throughout New Jersey, Pennsylvania, and Delaware. We work with our clients to help them get the highest level of benefits that they qualify for under the law, whether they are applying for VA disability, workers’ compensation, Social Security disability, or another type of benefit. Reach out to our law offices today to schedule a free claim review with a member of our legal team.
Qualifying for Veterans Disability Benefits
Before applying for veterans’ benefits, the first step should be making sure that you are eligible for them. VA disability compensation provides monthly payments to veterans who have a service condition. Under VA rules, a service-connected condition is an illness or injury that was either caused by or made worse because of active military service.
To qualify for veterans’ disability benefits, you must have an illness or injury (condition) that affects your mind or body AND you must have served on active duty, active duty for training, or inactive duty training. In addition, at least one of the following must be true:
- You became ill or were injured while serving in the military (an in-service disability claim);
- Your military service worsened your pre-existing illness or injury (a pre-service disability claim); or
- Your illness or injury related to your active-duty service did not appear until after you ended your service (a post-service disability claim).
The VA also recognizes certain presumptive conditions, which are illnesses and injuries that the government presumes were caused by military service. This includes chronic illnesses that appear within a year of discharge, illnesses caused by toxic chemicals or other hazardous materials, and illnesses caused by time spent as a prisoner of war (POW). Recently, the PACT Act expanded the list of presumptive conditions for veterans who were exposed to burn pits, Agent Orange, and other toxic substances.
If you believe that you qualify for veterans’ disability benefits, then you can move on to the next step: applying for compensation. If you aren’t sure about your eligibility or have questions about applying, contact a New Jersey veterans disability lawyer to schedule a free claim review.
Applying for VA Disability
To apply for veterans disability benefits, you will need to complete Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. You will need to provide basic information, such as your name, Social Security Number, details about your military service, and your current disability or disabilities. This form can be submitted online, by fax, at your local VA office, or by mail to the VA Claims Intake Center.
In addition to the form, you will need to submit proof that you qualify for benefits. Specifically, this means providing evidence that (1) you have one or more diagnosed medical or mental health conditions; (2) that your condition(s) are connected in some way to your military service; and (3) that your symptoms are ongoing. Typically, this can be proven by submitting evidence such as medical records from private doctors and VA hospitals, plus your separation documents (DD214). Because VA benefits are based in part on the number of dependents that you have, you should also submit your marriage license (if married) and your children’s birth certificates.
While you have up to a year to submit evidence to support your VA claim, including the evidence with your application – or sending it in as soon as possible – can prevent delays in processing your application. When you submit all of your records with your application, it is known as a “fully developed claim” (FDC) or a fast-track application. This process is faster than a standard claim because the VA does not have to collect the information itself.
In addition to the standard fast-track process, veterans in some situations are entitled to priority claims processing. This includes vets who have post-traumatic stress disorder (PTSD), those who have suffered military sexual trauma, former POWs, and veterans who are in dire financial need or who are homeless. There is also a fast-track claims processing system for Vietnam veterans who are filing a claim related to exposure to Agent Orange.
In all cases, only listing disabilities that are related to your military service can ensure that your application isn’t delayed. If you list too many conditions – particularly if they aren’t linked to your service – it can slow down the processing of your application. If you are unsure about what to include, consider reaching out to a New Jersey veterans’ disability attorney about your case.
Importantly, veterans cannot be represented by counsel when filing an initial claim for benefits. However, if the VA denies their application or gives them a lower disability rating than they think they should have, a lawyer can help them file an appeal. Through the appeals process, you may be able to get a higher disability rating – and therefore more benefits – or have a denial overturned.
How Bross & Frankel Can Help You Get Approved for Veterans Benefits
The process of applying for veterans benefits should be straightforward. However, it can often be confusing – particularly for vets who are already dealing with a mental health or medical condition. While our law firm cannot file your initial application for you, we can provide you with advice on your claim and represent you on any appeal.
If you have been diagnosed with a service-connected disability, Bross & Frankel is here for you. Our law offices are dedicated to helping veterans get the benefits that they deserve, including VA disability, Social Security disability, and more. To learn more or to schedule a free claim review with a veterans disability attorney, contact our office today at (866) 708-2163 or fill out our online contact form.