Veterans' Benefits, Disability, and Appeals

By Gary Almeter, Esq. | Reviewed by John Devendorf, Esq.

Last updated July 18, 2024

Every veteran has helped to preserve our freedoms and make our nation what it is today. The United States Department of Veterans Affairs (VA) administers benefits for veterans. This article provides an overview of veterans’ benefits and the appeals process.

Navigating the veterans’ benefits system can seem way too difficult at times. An experienced lawyer can provide crucial support. If you or someone you love is a veteran and need help with veterans benefits, contact a local and experienced veteran benefits lawyer.

Veterans Benefits

Veterans have a range of VA benefits available. As a veteran, you earned these benefits for your dedication and the sacrifices you made serving your country. These benefits help you transition back to civilian life, support your family, and provide for your well-being. Some of the main benefits include the following:

VA loans
GI Bill
Disability benefits
Vocational and rehab services
Burial benefits
Transition and support services
Homelessness prevention

If you need help accessing these benefits, there are many veterans service organizations across the country dedicated to helping people in your shoes. A lawyer can also help.

Medical Care for Veterans

You can receive medical care from VA hospitals and clinics. These facilities provide:

Primary care (routine doctor visits for general health issues)
Specialty care (like heart problems, mental health, or surgery)
Emergency care (for immediate treatment of severe injuries or illnesses)
Mental health services (including support for issues like PTSD, depression, and anxiety)
Rehabilitation (services to help improve mobility, speech, and daily living activities)

You may also qualify for telehealth services. With telehealth, you can see your doctor or therapist over videoconference if you live far from a VA facility.

Veteran Disability Benefits

Disability benefits are crucial for veterans who suffered injuries during their military service. VA disability benefits provide financial assistance for medical care, living expenses, and rehabilitation services. This includes compensation for service-connected disabilities, special monthly compensation, and dependency and indemnity compensation.

Most benefits claims require a rating decision to determine the extent of your disability and how much disability compensation you qualify for. Here’s a look at the disability benefits available:

Compensation for Service-Connected Disabilities

This is a tax-free monthly payment. The amount depends on your disability rating, which ranges from 0% to 100% disabled. Higher percentages receive more money. Disabilities can be physical (like loss of a limb) or mental (like PTSD).

Special Monthly Compensation

This is an additional benefit if you are seriously disabled or have lost the use of specific organs or limbs due to your service. The types and scope of disability covered under this vary.

Dependency and Indemnity Compensation (DIC)

DIC is for the spouses, children, or parents of a service member who died in the line of duty or from a service-related injury or disease.

Special Exposure to Toxins

You can receive special compensation for toxic exposure during your time serving. These include:

Agent Orange
Burn pits
Radiation exposure

Appealing a Denial of Veterans Disability Benefits

Not all initial claims for disability benefits are accepted on the first try. You can appeal your decision if the VA denies your application. The review process starts with reviewing the decision letter, which will explain the VA’s decision for the denied claim. Understanding this initial decision will help you understand what additional information you need.

Collect medical records and any other relevant evidence that supports your claim. A disability appeal may require a medical examination.

File a notice of disagreement with the VA office that made the decision to start the appeal. You have one year from the date of the decision to appeal.

If the new decision also results in denial, you can get a higher-level review. A Decision Review Officer (DRO) or the Board of Veterans’ Appeals can handle the decision review request. You might have a hearing where you can speak about your case.

How a Veterans’ Disability Lawyer Can Help

Dealing with the VA can be confusing and frustrating. A veterans’ disability lawyer can make this easier by protecting your rights. An experienced lawyer can identify all your rights and benefits. They can explain them, apply for them on your behalf, and advocate for you.

An attorney can also review your application. Common reasons for denied disability benefits include missed deadlines and the wrong VA forms. The initial application and paperwork can be a difficult and time-consuming task. A veterans’ disability attorney can help you collect and prepare the information for a VA disability claim.

If your claim is denied, a lawyer can help you understand why and represent you throughout the VA appeals process, including with a board appeal. A lawyer will advocate for you at every step, including in person in front of a veterans law judge. A lawyer adept at veterans law will make sure you’re treated fairly and receive the benefits you deserve.

Your Next Step

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