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Ohio Veterans Disability Attorneys
Ohio residents who served in the armed forces are entitled to seek benefits through the VA for their service-related injuries or illnesses. This program provides life-changing support for those who need it, but the claims process is not always easy to navigate. If your VA claim was denied, an Ohio veterans disability attorney can help you with your appeal.
Gang & Associates is one of the leading law firms advocating for veterans across the country. Our team has helped Ohio veterans fight for the benefits they deserve while navigating the appeals process. Our goal is to get you the maximum benefits possible while ensuring you are treated fairly by the system.
How to Qualify for VA Disability Benefits
When VA disability claims are approved, the federal government provides the applicant with monthly, tax-free payments designed to replace the wages they are unable to earn due to their condition. In order to qualify, you must have a disabling condition that was caused or worsened by an event that occurred during your service. There are three things you must prove to qualify for benefits: that you have a disabling condition, that you are a veteran, and that your disability is connected to your service.
Current Disabling Illness or Injury
You could be entitled to benefits if you have a current illness or injury impacting your mind or body. If it is serious enough that it prevents you from working, you could qualify. Benefits may also be available for a condition you had prior to your service if an event during your time in the military made it worse.
Certain conditions are considered “presumptive.” This means that if you have one of these conditions, there is a presumption that your illness or injury is service-related. All that is left at that point is to meet the other requirements for benefits.
Prior Military Service
Most veterans are eligible for VA disability benefits if they can establish the extent of their condition. This is true not just for those who served on active duty but also veterans who were injured during active duty for training or inactive duty training as well.
The type of discharge you received is also important. If you were given an other-than-honorable, bad conduct, or dishonorable discharge, you might not be entitled to benefits. An Ohio veterans disability attorney can advise you on your eligibility and help you understand your options.
Nexus Between Your Condition and Your Service
Finally, you must be able to show a link between the condition you are living with and your military service. This is known as a nexus, and it is often the most challenging aspect of a VA disability claim. Proving that you are disabled relies largely on a proper diagnosis, and your service records make it clear when and where you served. However, the link between the two can be more difficult to spot. In some cases, it can take years for symptoms to develop. In others, it may be impossible to know with certainty what caused your health issue.
One of the most important tools for making this connection is a VA nexus letter. These documents are authored by medical professionals who have reviewed your records and performed research on your symptoms. These letters are powerful, given that they generally come with a strong conclusion that your condition is directly linked to your service.
Appealing a Denial
If your claim has already been denied, the fight is not yet over. You have a year to appeal the decision, and you are entitled to hire an Ohio veterans disability attorney to advocate on your behalf. There are a variety of reasons why a claim might be denied, and many of them can be resolved during the appellate process. Some examples include:
- Incomplete documentation
- Insufficient supporting evidence of a disability
- Lack of proof of a service connection
- Condition was pre-existing
There are different options for the appeals process; the first of which is filing a supplemental claim. This allows you to provide new evidence that the VA did not have at the time your original case was heard. If you did not submit a nexus letter from a doctor, you can still do so at this time.
You could also request a higher-level review, where a reviewer within the VA will evaluate your initial claim to determine if a mistake was made. During this phase, it is not possible to submit additional evidence.
Finally, there is an appeal to the Board of Veterans’ Appeals. At a Board Appeal, your case will be heard by a Veterans Law Judge. Different factors will determine if you can submit additional evidence at this stage.
What Does an Attorney Cost?
If you are feeling the financial strain of living with a disabling condition, it is natural to be concerned about the cost of hiring an attorney. Gang & Associates understands this struggle, which is why we only recover our fee if we are successful. If the VA awards you benefits, we will retain a portion of our fee. If you don’t get paid, we don’t either.
It is important to note that federal law limits when an attorney can take on your VA disability case. We can only represent you after you have filed the initial claim on your own and have received a decision from the VA. If your claim was denied, or you received less than you believe you are owed, our firm is ready to get started fighting for a better outcome on your behalf.
Talk With Our Ohio Veterans Disability Attorneys Today
If your VA benefits claim was rejected, you still have time to act. Many veterans find success on appeal even though their initial claim was denied. If you are ready to get started, contact Gang & Associates today for a free case evaluation.
Disclaimer: Please note that Gang & Associates is a national law firm with a focus on serving veterans across the United States. While this and other pages on our website provide state-specific information, our services extend nationwide to assist veterans in need. Gang & Associates is a national veterans disability law firm with satellite offices throughout the country. All offices are by appointment only, and all mail must be directed to our main mailing address at P.O. Box 96503, Dept. 34938, Washington, DC 20090-6503.