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The types of veteran’s law cases we handle revolve around compensation of benefits claims related to services connected disabilities with the VA. We are not involved in the initial filing of those claims. The VA will only allow an attorney to be compensated after there is a notice of disagreement. So, we are involved in the case after you do not get the rating that you desire from the veterans’ administration, which is most of the time.
Veterans understand each other; there is a certain bond that veterans have amongst each other knowing what they have gone through and knowing that they volunteered to pay 100% of their life for their country. Only a veteran truly understands that deep of a commitment. I am a service-connected disabled veteran receiving compensation. I fought the VA for 25 years before I got my claim to where I was happy with it. That experience has shown me both sides of the field. When I started my claim with the VA, I was fresh out of the military. I was not an attorney and so I have advanced through the claims process as I progressed through my ability to comprehend and understand how to fight the VA, and that is the unique thing that you will only find if you are represented by an attorney who is a fellow veteran.
Veterans Disability Benefits are compensations to make up for the functional loss of a portion of your body as it relates to the ability to produce income. For example, if you have hearing loss and you have a 70% hearing loss, but you are able to discriminate and understand 90% of the words that are being told to you, then you will only have a 10% functional hearing loss, not a 70% actual hearing loss, in the eyes of the VA. The VA is only going to compensate you for the functional loss, not for the actual loss. That is what veteran’s disability compensation benefits are.
When you receive a denial on your initial claim, the next step is to file a Notice of Disagreement. This is the point where it is important to get competent counsel who understands the process and how to submit a notice of disagreement that will get you paid, get your claim decided favorably, and in the shortest amount of time.
Anyone can apply for VA disability compensation. However, if you are not a veteran, your claim is not going to be accepted. You have to be a veteran with qualifying service. For example, there are a lot of veterans who were in the National Guard and did not go through enough training to qualify for veteran’s benefits. There are instances where the veteran joins the military, but they got kicked out in the middle of basic training. They may consider themselves a veteran, but they may not be qualified to apply for VA disability compensation. So, anyone with credible service that believes they have a claim for disability for a condition that arose or was aggravated while on active duty can apply for disability compensation.
First, you have to prove you are a veteran. Second, you must prove that you have a current disability. If you had something wrong with you and it healed, then you no longer have a claim for benefits. So, you have to have current disability that is connected to your service. Typically, if you apply for a disability within a year of exiting the military, then there is a presumption that the disability was incurred while on active duty. If you do not file a claim until five or more years later, you must draw the nexus showing that this is a disability that is connected to your service. Then, you have to have medical evidence determining that it is more likely than not that it actually happened while you were on active duty. That is the nexus. There are a lot of instances where PTSD, for instance, does not arise until years later. The third thing that has to be shown is what the extent of the disability is. There are different rating percentages based on different functional limitations. For example, for PTSD, your rating is based on how it affects your social interactions and your ability to work. Some conditions are more mechanical and based on, for example, how much your back is able to bend. The chain of evidence you need to support your claim for VA benefits are: there is a disability, there is a nexus between the disability and your service, and the extent of the disability or the degree of disability.
For more information on Veteran’s Law Related Cases In California, an initial consultation with our experienced California VA Lawyers is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 or by filling out our convenient online contact form today.
Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!
- Jack M.
