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Serving Those Who Served: VA disability lawyers in Montgomery, AL

If you were denied for veterans benefits in Alabama, do not hesitate to contact a veteran affairs attorney from Wettermark Keith

Located in central Alabama, Montgomery is the second-largest city in the state and is steeped in history, since it is the birthplace of the Civil Rights Movement. Along with its cultural history, Montgomery is now known for its charming downtown area, many popular restaurants, unique boutiques, and the annual Alabama Shakespeare Festival, which brings theater-goers from across the region to Montgomery each year. Despite these cultural offerings, Montgomery is not immune to the struggles faced by veterans who return home after serving their country. The violence that soldiers face in combat is beyond comprehension for those who have not experienced it firsthand. Tragically, studies show that a significant portion of veterans, at least 20%, experience severe symptoms of PTSD after they return to civilian life.

Although veterans face many struggles upon returning home, they are not alone. Disabled veterans in Montgomery, Alabama are entitled to apply for government benefits, yet the process can be long and stressful. Unfortunately, many veterans face unjust denials of their applications by the VA, leading to appeals that can take an additional year or more to review. This bureaucratic process can take a significant emotional toll on veterans who have already put their lives on the line for their country.

Fortunately, veterans and their loved ones do not have to face this alone. Wettermark Keith has experienced VA attorneys who can help Montgomery veterans navigate the complex application and appeals process. We deeply value the sacrifices made by veterans and are committed to ensuring they have the resources they need to live comfortably. Any veteran who has been denied benefits should not hesitate to reach out to Wettermark Keith's experienced veterans affairs attorneys by calling (877) 715-9300 or visiting our website.

 

According to the legal code in Montgomery, AL, what are Veterans Disability Benefits?

Veterans disability benefits provide compensation and other benefits to veterans who have been injured or disabled, physically or mentally, as a result of their military service. The Department of Veterans Affairs (VA) provides disability compensation to eligible veterans who were injured or became ill during their military service– the disability must be directly related to the veteran's military service. In 2020, the VA provided benefits to over 5.5 million veterans and their dependents, and disability benefits are the most common VA benefit, with over 4.7 million veterans receiving it in 2020. To be eligible for disability compensation, veterans must have a disability that is directly related to their military service, and they must have been discharged under conditions other than dishonorable.

In addition to disability compensation, veterans with service-connected disabilities may also be eligible for other benefits like health care, employment services, and housing assistance. As of 2020, over 9 million veterans were enrolled in the VA healthcare system, over 700,000 veterans and their dependents receive educational benefits each year, and over 24 million VA home loans guaranteed since the program began in the 1940s.

Applying for VA disability is a complex process, which requires medical evidence and military documentation. It is often helpful for veterans to seek assistance from an experienced veterans disability lawyer from Wettermark Keith to help navigate the process to ensure just compensation. 

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In Alabama, who is eligible for veterans benefits? 

To be eligible for VA Benefits in Alabama, veterans must generally have served on active duty and received a discharge, excluding dishonorable. In order to qualify for veterans disability, you must have a current illness or injury that affects their mind and body, and have served on active duty, active duty for training, or inactive duty training. Additionally, at least one of the following must apply: the veteran became sick or injured during their military service and can link this condition to their illness or injury (an in-service disability claim), they had a preexisting condition that was worsened by their service (a pre-service disability claim), or they have a disability related to their service that did not manifest until after their service ended (a post-service disability claim).

It can be challenging for many veterans to prove that injuries are service-connected, especially without formal medical records or military reports; therefore, you must collect all documentation regarding the veteran's medical history when submitting an application to speed up the initial review process and improve the chances of acceptance. If you are denied, a Montgomery veterans disability lawyer at Wettermark Keith can help you receive disability benefits. 

The VA benefits application process can be stressful, which is why veterans should seek the assistance of a qualified VA attorney from Wettermark Keith to help with the appeals process as soon as they are denied. 

What types of disabilities qualify for benefits according to Alabama law?

There are various disabilities that may qualify a veteran for VA disability benefits. Some common disabilities that may qualify for VA disability benefits include:

  1. Post-traumatic stress disorder (PTSD): A mental health condition that often develops after experiencing a traumatic event.

  2. Traumatic brain injury (TBI): A condition caused by a blow to the head that can result in long-term bodily and mental symptoms.

  3. Hearing loss: Damage to the ears from exposure to loud noises or explosions.

  4. Vision loss: Visual impairments caused by injury or disease.

  5. Musculoskeletal injuries: Injuries to the bones, muscles, and joints, such as fractures, sprains, or back injuries.

  6. Chronic illnesses: Long-term conditions that may have been caused or worsened by military service, such as diabetes, asthma, or cancer.

  7. Agent Orange Exposure: Veterans who served in Vietnam and other areas may have been exposed to Agent Orange, an herbicide used to clear vegetation during the war. Exposure to this chemical can lead to a variety of health issues, including cancer, diabetes, and other chronic conditions.
  8. Gulf War Syndrome: Veterans who served during the Gulf War may have been exposed to a variety of toxins and environmental hazards that can cause Gulf War Syndrome. This condition can result in chronic fatigue, joint pain, headaches, and other symptoms.
  9. Lost Limbs: Veterans who have lost limbs due to injuries sustained during their military service may be eligible for disability compensation to help them manage the challenges of living with a disability.
  10. Infectious Diseases: Veterans who served in areas where infectious diseases were prevalent, such as malaria or tuberculosis, may have contracted these illnesses during their service and may be eligible for disability compensation.

To qualify for VA disability benefits, a veteran’s disability must have been caused or aggravated by their time in the military, and medical evidence is needed to support their claim. VA disability benefits can provide financial support to those who have suffered disabilities as a result of their military service. If you have experienced one of the above disabilities or something else, then you must contact a veterans disability attorney from our law firm, Wettermark Keith, as soon as possible.

How do you apply for veterans disability benefits in Montgomery, Alabama?

When applying for veterans disability compensation, follow these steps: 

  1. Gather the proper documentation, including your medical records, reports from the military, personal visits, and other forms. When you have all the proper materials, you can file a claim through the VA website, by mail using a paper application, or in person.
  2. If you haven’t applied for disability before, you must prove that you have incurred an injury as a direct result of your military service, show that the injury is still present, and prove that you have not been dishonorably discharged.
  3. If your claim is denied, you should seek further assistance from an attorney at Wettermark Keith. Our accredited VA attorneys can help you with:
    • A Supplemental Claim - submitting new and relevant evidence that was not previously considered.
    • A Higher-Level Review - requesting a reevaluation of your claim by a senior adjudicator without adding new evidence.
    • An Appeal to the Board of Veterans' Appeals - if previous steps fail to yield results, your attorney can help you directly appeal to the Board. At this juncture, you can also opt to have a hearing with a Veterans Law Judge.

Wettermark Keith has a record of success appealing denied VA disability claims; therefore, you should not hesitate to contact our law firm for legal assistance as soon as you are denied– we can help. 

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Can I receive other benefits if my veteran disability claim is approved? 

If your veteran disability claim is approved, you may be eligible for additional benefits from the Department of Veterans Affairs. These benefits can help you access healthcare, education, vocational training, and other services that can improve your quality of life.

One of the most significant benefits of having a service-connected disability is access to VA healthcare. The VA offers comprehensive medical care that includes preventive services, primary care, specialty care, and mental health services. Veterans with service-connected disabilities are given priority access to these services, meaning they may not have to pay co-pays or deductibles for medical treatment related to their disability.

Veterans who are unable to work or who have difficulty finding employment due to their disability may be eligible for vocational rehabilitation and employment services. These services can include career counseling, job training, and job placement assistance. If you have dependents, they may also be eligible for benefits through the VA. Dependents of veterans with a service-connected disability may be eligible for education benefits, including the Post-9/11 GI Bill, which can cover the cost of tuition, fees, and housing.

Other benefits available to veterans with service-connected disabilities include adaptive housing assistance, automobile and special equipment grants, and life insurance options. It's important to work with a veteran's affairs attorney from our law firm to explore all available benefits and services that can help you achieve your goals and improve your quality of life.

How are Veterans Disability Benefits calculated, and how does this disability calculation determine your compensation? 

The VA uses a formula to calculate the veteran's disability rating by adding up the total percentage of their conditions using a disability calculator. In order to receive disability compensation, the veteran does not need to be completely disabled. Furthermore, veterans with an overall rating of 70% or higher are eligible for full compensation.

The VA rates disabilities on a scale from 0% to 100%, with each percentage point corresponding to a specific compensation rate. The disability calculator takes into account each individual disability a veteran has and assigns a percentage to each. These percentages are based on the severity of the disability and how much it impairs one's ability to work and carry out daily activities. These individual percentages are then combined to give an overall disability rating.

Unfortunately, the VA disability calculator is not a guarantee of benefits, since each case is evaluated on an individual basis. Veterans in Montgomery, Alabama, should get a VA disability lawyer from Wettermark Keith to help navigate the claims process and ensure that they receive just compensation based on their service-connected disabilities.

Why are veterans disability claims denied in Montgomery, AL?

VA disability claims may be denied for many reasons, with the most common reason being a lack of sufficient medical evidence to support the claim. The VA requires detailed and specific medical evidence that links the veteran's disability and their military service. If the evidence submitted does not meet the VA's requirements, the claim will be denied.

The claim could also be denied due to missing the deadlines for filing claims and appeals. A preexisting condition that is not related to military service can also lead to a denied claim. In such cases, the VA may argue that the veteran's disability existed prior to their service, or that it was not caused or aggravated by their military service. Errors or inaccuracies on the application can also lead to a denied claim, which can be a quick fix for any denied veteran. Similarly, insufficient information can also lead to a denied claim. 

If your claim was denied, it is important for veterans to work with experienced VA disability attorneys when filing an appeal to increase your chances of success. Our attorneys can help navigate the complex claims process, gather the necessary medical evidence, and ensure that all deadlines are met. Do not hesitate to contact a VA attorney from Wettermark Keith as soon as you receive your claim denial. 

How does a Montgomery veterans disability attorney file an appeal on your benefits denial?

If your VA disability claim gets denied, an accredited Veterans Affairs attorney from our firm can file an appeal on your behalf in several ways. First, we thoroughly review your case and identify the reasons for denial. Next, we help gather any additional evidence needed to strengthen your appeal. There are now three main appeal options we may pursue:

  1. Supplemental Claim: Submit new, relevant evidence to support approving your case. This is appropriate if we have additional medical records, doctor opinions, or other new evidence to present.
  2. Higher-Level Review: Request a senior adjudicator re-review your existing claim file. We would elect this if we believe the original adjudicator made an error in applying the facts to law.
  3. Board Appeal: Appeal directly to the Board of Veterans Appeals. We can request a hearing with a Veterans Law Judge or a direct review of records. This option is best once we have maximized evidence collecting.

Our attorneys determine the optimal appeal path based on the unique circumstances of your case. The goal is to get your claim approved as quickly as possible. We handle all filings and communications with VA to take the burden off you. Throughout the appeals process, we protect your rights and fight for the benefits you deserve. Contact us today to get experienced help appealing your VA disability claim denial.

Wettermark Keith: Veterans Disability Benefits Lawyers in Montgomery, Alabama 

Wettermark Keith’s attorneys are a team of knowledgeable, compassionate individuals working for you to get the disability compensation that you deserve. With offices located throughout Alabama, Tennessee, and Florida, Wettermark Keith has a reputation as one of the most accomplished personal injury firms in the country. We have a diverse range of practice areas, including VA Disability claims. Our legal team makes sure that we understand your disability and convey that to the VA as best as we can. Our attorneys build strong relationships based on constant communication, trust, and dedication to the truth. Caring for you is our goal, and winning is just how we show it. Contact us to set up your free consultation with our legal team and attorneys at Wettermark Keith at (877) 715-9300 or through our online form.

If our veteran disability attorneys in Montgomery, Alabama do not produce a recovery on your disability claims, then you pay us no legal fees- guaranteed! 

At Wettermark Keith, we understand your disability, even when you feel like no one else does, which is why you do not need to pay us until we win your case. If your attorney fails to win your case, you don’t pay a single thing. With our experienced VA attorneys, you only have the potential of money to gain. 

Frequently Asked Questions 

The length of time it takes to get disability benefits from the Department of Veterans Affairs can vary widely depending on the complexity of your case and the backlog of claims at the VA. In general, it can take several months to several years to receive a decision on claims for veterans benefits, which is why our lawyers want you to contact them as soon as possible. Working with a Veterans Disability Lawyer can help expedite the process using their excellent resources.