When Your Back Is Against The Wall

South Carolina Veterans Disability Attorneys

Helping Veterans Obtain Disability Benefits in South Carolina

Our military service members make unimaginable sacrifices for our country, including sustaining life-altering injuries and illnesses while in the line of duty. Veterans with disabilities typically have the right to compensation through the U.S. Department of Veterans Affairs (VA), but in reality, obtaining fair compensation can be a frustrating challenge.

Navigating the process of filing a veterans disability claim can be complex and overwhelming, especially when you are already dealing with health issues. At Lanier Law Group, P.A., we are on your side and ready to get you the compensation you deserve. Our South Carolina veterans disability lawyers can help you prepare your claim and help you avoid common mistakes that can lead to a denial of benefits. If your claim has already been denied, we are prepared to advocate for you throughout the appeals process. Our team is committed to fighting for your rights and securing the maximum benefits that you are entitled to, alleviating the financial stress associated with medical care and living expenses. Let us handle the intricacies of your claim so that you can focus on your health and well-being.

Hire a heavyweight to handle your veterans disability claim! You owe no fees unless we successfully resolve your claim, so call (855) 941-3522 or contact us online today.

Who Qualifies for Veterans Disability Benefits?

Depending on their individual circumstances, U.S. military veterans can access a wide range of benefits through the VA. Only veterans who meet certain qualifications – including having a service-connected disability recognized by the VA – are eligible for veterans disability benefits. Our South Carolina veterans disability attorneys can assess your qualifications and help you understand what to expect when filing a claim.

You are likely eligible for veterans disability benefits if:

You actively served (or were on active or inactive duty for training) in the Army, Navy, Air Force, Coast Guard, or Marines
You were not dishonorably discharged
You sustained a medical condition that impacts your ability to work
You can prove your military service either caused the medical condition or made it worse
Your medical condition was not the result of willful misconduct

Both physical and mental conditions can qualify you for veterans disability benefits. The qualifying disability can range from physical injuries incurred during service to mental health conditions. It is important to note that the disability does not necessarily have to originate from a service-related incident, but there must be evidence showing that your military service aggravated the condition.

The VA recognizes many types of physical and mental disabilities, including:

Post-traumatic stress disorder (PTSD). PTSD is a mental health condition commonly observed in veterans who have faced traumatic or life-threatening events during their service.
Traumatic brain injury (TBI). Often resulting from exposure to explosive blasts, TBI is a serious injury that affects cognitive functions and can lead to physical disabilities.
Agent Orange-related diseases. Veterans exposed to Agent Orange, a herbicide used in the Vietnam War, may suffer from various diseases, including different types of cancer, diabetes, and heart disease.
Gulf War syndrome. Veterans serving in the Gulf War may experience a range of chronic illnesses collectively referred to as Gulf War syndrome, such as fatigue, headaches, joint pain, and cognitive issues.
Hearing loss and tinnitus. These are among the most common service-related disabilities, often resulting from exposure to loud noises during service.
Musculoskeletal injuries. These include injuries to the bones, joints, and muscles, often caused by the physical strain of military duties.
Mental health disorders. In addition to PTSD, the VA recognizes other mental health conditions, including anxiety, depression, and substance use disorders.

To successfully obtain benefits, you must be able to demonstrate a clear link, or "nexus", between your military service and your disability. In practice, this means you will need to provide medical evidence of causation or aggravation. Our South Carolina veterans disability lawyers understand what the VA is looking for and can help ensure your claim includes the necessary evidence.

Understanding the VA Disability Ratings

The VA disability rating system is a key component of the veterans disability benefits determination process. This system evaluates the severity of your disability and assigns a percentage rating, which directly influences the amount of compensation you receive. The rating system is based on the idea that certain disabilities may impact a veteran’s day-to-day life and their ability to work to varying degrees, and the compensation awarded should reflect this.

The disability rating system follows a schedule set by the VA, ranging from 0% to 100% in increments of 10. The higher the disability rating, the more substantial the disability compensation. For instance, a 10% rating would indicate a minimal disability and would yield a lower compensation amount, while a 100% rating would represent a complete disability and would result in the maximum possible compensation. If the VA believes your disability does not warrant at least a 10% rating, your request for disability benefits will be denied.

The rating process begins when you file a claim for disability benefits. The VA will review the medical evidence provided to establish a clear link between your military service and disability. You may be asked to attend a compensation & pension (C&P) exam, during which a healthcare professional will evaluate the current state of your disability.

The VA will then assign a disability rating based on the combined impact of all eligible service-related disabilities. These ratings are not merely added together. Instead, the VA uses a unique formula to determine the combined disability rating. For example, if you have one disability rated at 30% and a second disability rated at 20%, the combined rating is not 50%. Using the VA's mathematical formula, the combined rating would likely be closer to 40%.

Your assigned disability rating is not necessarily permanent. it can be increased or decreased over time, depending on the progression or improvement of the disability. You have the right to request a reevaluation if they believe that your disability has worsened or if you develop a new disability related to your service. On the other hand, the VA can also initiate a reevaluation to determine if your condition has improved, which may result in a reduced rating.

Any misstep during the filing of your claim can lead to a lower disability rating than you deserve. If you feel you were given an insufficiently low disability rating, do not hesitate to reach out to Lanier Law Group, P.A. for help.

Why Does the VA Deny Veterans Disability Claims?

There are several legitimate reasons why the Department of Veterans Affairs (VA) may deny veterans disability claims. The VA has also been known to deny claims for something as simple as filling out the wrong form. Understanding why denials happen can help you better navigate the application process and avoid potential pitfalls.

The VA frequently denies veterans disability claims because of:

Insufficient medical evidence. A successful claim requires thorough medical evidence supporting the existence and severity of a disability. Failure to provide comprehensive medical documentation can lead to a denial of benefits.
Lack of nexus. The VA requires a clear, well-documented connection between a veteran's disability and their military service. If you cannot demonstrate this link, the VA may deny your claim.
Character of discharge. Not all discharges qualify you for disability benefits. In general, only those veterans who have received an honorable or general discharge are eligible. If you were dishonorably discharged, your claim will likely be denied.
Non-service-connected disability. For a disability to be considered for benefits, it must be a direct result of qualifying military service. Attempting to seek disability benefits for a condition that is not connected to your military service will result in a rejected claim.
Failure to attend VA examinations. The VA may require you to undergo a compensation & pension (C&P) exam to evaluate the disability’s effect on your life. Missing these exams can result in claim denial, even if you have otherwise provided sufficient evidence and documentation.

Remember that receiving a denial for your claim is not the end of the road. You have the right to appeal a denied claim, a process in which our South Carolina veterans disability attorneys can make a significant difference.

If your veterans disability claim was recently denied, do not lose hope! We can help you pursue an appeal, so call (855) 941-3522 or contact us online today.

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