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Filing for VA Disability Compensation: A Step-by-Step Guide to Securing Your Benefits

Filing for VA Disability Compensation: A Step-by-Step Guide to Securing Your Benefits

Disability compensation is one of the most important benefits Florida veterans can pursue. However, filing for VA disability compensation is not always easy – especially if your disability makes tasks like these difficult. Your disability may affect your cognitive abilities, and you may be preoccupied with various medical treatments or rehabilitation. Fortunately, you do not need to pursue VA disability compensation alone. Experienced VA benefits lawyers in Florida are here to guide you through this process from start to finish. That said, you might be able to get started by following a few basic steps on your own:

What is VA Disability Compensation?

As its name implies, VA disability compensation is for veterans with disabilities. In order to qualify for this VA benefit, your disability must have occurred during your military service. In addition, you may qualify for VA disability compensation if you developed a disability after leaving active service – as long as this disability is related to something that happened during your service. VA disability compensation payments are tax-free. 

The amount of your disability compensation depends on your disability. You will be assigned a specific “disability rating” that reflects the severity of your issue. A relatively low rating of 0-9% might result in only a few hundred dollars per month. On the other end of the spectrum, a disability rating of 100% can result in thousands of dollars per month. Regardless of the severity of your injury, it is worth pursuing as much compensation as possible as you face an uncertain future. 

Step One: Determine If You are Eligible to Receive VA Disability Compensation

The first step is to determine whether you are even eligible to receive disability compensation. You might want to review the circumstances of your injuries, including the specific date of your accident. Note that in many cases, this might not be clear. Perhaps you only noticed your injury months or years after leaving military service. Maybe your injury is related to some kind of toxic exposure that may have occurred on a military base or during active deployment. 

Note that some mental health conditions may also make you eligible for VA disability compensation. You must also serve a certain number of days before becoming eligible for VA disability compensation. The most logical way to determine eligibility is to speak with a lawyer who has experience with VA benefits. These legal professionals can review your unique situation and determine whether you are eligible. This conversation could save you time and effort – especially if VA disability compensation is not possible. 

Step Two: Gather Supporting Documents

You will need to provide various supporting documents along with your claim. These documents are necessary to establish the legitimacy and the eligibility of your disability. Most of these documents will be medical in nature, perhaps including doctors’ notes, X-rays, and medical records that contain details about your disability. You may also need to provide documents that prove your injury occurred during active military service. Speak with your lawyer for more information about the documents that may be necessary for your claim. 

Veterans Affairs states that if your service records do not provide enough evidence about your disability, you can use letters from friends, family, and your fellow soldiers. In these letters, your friends and family can describe their observations of your disabilities. If you collect letters from people you served with, these service members may also describe how your disability occurred. 

Note that different kinds of evidence may be necessary based on the specific type of claim you are filing. These include original claims, increased claims, secondary service-connected claims, and supplemental claims. 

Step Three: File the Claim

Once you have determined your eligibility and gathered your supporting documents, it is time to go ahead and file your claim. The VA gives you two options in this regard: You can either file your claim by mail or navigate the entire process online. If you choose to file by mail, you will need to download VA Form 21-526EZ. Once you download it, you can print it out and complete it. You may want to complete the form with help from an attorney, as a single mistake could cause needless delays. 

If you file online, you can expect a relatively streamlined process. This option may be faster, as you will not have to worry about mail-related delays. However, you still need to be careful when filling out online forms – and your attorney can walk you through the entire process. Once you complete the online form, you can submit it and wait for a response. If you fill out the form successfully, you should receive a confirmation message. 

Veterans Affairs also allows you to drop off your form in person at a VA regional office. This could be an attractive choice for those who prefer paper forms but want to avoid mail-related delays. Finally, you can fax your completed form to Veterans Affairs. 

Once you have filed your claim, all you need to do is wait for an official response. Note that this might take a few months before you hear back. You can minimize these wait times by filling out your forms carefully and avoiding any errors. Be prepared for a rejected claim. However, you should not give up hope if your initial claim is denied – as you can work with your lawyer to appeal the decision. 

Can an Elder Law Attorney in Florida Help Me Get VA Disability Compensation?

An elder law attorney in Florida may be able to help you secure your benefits and pursue VA disability compensation confidently. Although it is possible to handle many of these steps on your own, a lawyer can guide you through this process as well. Many veterans are desperate to secure disability compensation, and they might make problematic errors that cause preventable delays. With a lawyer at your side, you can file for disability compensation without needless mistakes. You can also let your lawyer handle the paperwork while you focus on rehabilitation and medical treatments. To learn more about your next steps, contact The Elderly Care Law Firm today. 

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Tieesha N. Taylor

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