Veterans Benefits
Veterans Benefits: Getting the Compensation You Deserve
“How important it is for us to recognize and celebrate our heroes and she-roes!” – Maya Angelou
For many veterans and their families, dealing with the VA (Department of Veterans Affairs) can feel like an uphill battle. Whether you’re applying for benefits, appealing a denied claim, or seeking compensation for an illness related to military service, the process can be confusing, frustrating, and exhausting.
At Elderly Care Law Firm, we are proud to fight for veterans and their families. Whether you are a young veteran, older veteran, or surviving spouse, we are here to advocate for you and ensure you receive the benefits you deserve.
Understanding VA Compensation: What You Need to Know
VA disability compensation is a monthly tax-free payment to veterans who were injured or developed medical conditions during their military service.
The amount of compensation a veteran receives depends on their disability rating, which is a percentage assigned by the VA based on how severe their condition is. The higher the rating, the more compensation they receive.
Some common conditions that qualify for VA compensation include:
- PTSD (Post-Traumatic Stress Disorder)
- Hearing Loss and Tinnitus
- Traumatic Brain Injuries (TBI)
- Back and Joint Injuries
- Cancers and Respiratory Diseases from toxic exposure (such as Agent Orange or Camp Lejeune water contamination)
How the VA Claims Process Works
Filing a VA claim might seem simple, but the process is often long and complicated. Many veterans get denied the first time they apply.
Here’s how the process works:
- File a Claim – The veteran submits medical records and proof that their condition is related to service.
- VA Review – The VA evaluates the claim, sometimes requiring a C&P Exam (Compensation & Pension Exam) to assess the disability.
- Decision Letter – The VA issues a decision, approving or denying the claim and assigning a disability rating if approved.
- Appeals (If Denied) – If the claim is denied or rated too low, the veteran can appeal.
Many veterans give up after a denial, but that’s where having an attorney makes all the difference.
Why VA Claims Get Denied & How We Can Help
It is common for veterans to receive low ratings or outright denials for conditions that should qualify. Some of the biggest reasons claims get denied include:
- Lack of medical evidence connecting the condition to service.
- Missing paperwork or service records that prove the disability is related to military duty.
- The VA failing to properly evaluate the condition and assigning an unfairly low rating.
At Elderly Care Law Firm, we help veterans strengthen their claims by:
- Gathering medical evidence and obtaining a Nexus Opinion (a medical statement linking the disability to service).
- Filing an appeal and representing veterans in informal conferences with the VA.
- Advocating before the Board of Veterans’ Appeals (BVA) and, if needed, taking the case all the way to the Court of Appeals for Veterans Claims (CAVC).
Our goal is to make the process easier so veterans can focus on their health while we handle the legal battle.
Survivor Benefits: What Spouses & Families Need to Know
Losing a spouse is painful, and dealing with the VA can add even more stress. Many surviving spouses don’t realize they may be entitled to VA survivor benefits—even if their loved one didn’t receive compensation during their lifetime.
The Dependency and Indemnity Compensation (DIC) benefit provides monthly payments to spouses and dependents of veterans whose cause of death was related to military service.
To qualify, one of the following must be true:
- The veteran died from a service-connected condition (for example, lung cancer linked to Agent Orange exposure).
- The veteran was totally disabled due to service-connected conditions for at least 10 years before passing away.
- The veteran was exposed to toxic substances like Camp Lejeune water contamination and later developed a related disease.
Many spouses don’t realize they should apply for these benefits. If your veteran spouse passed away and you believe their cause of death was connected to their service, call us. We can review medical records, obtain expert opinions, and fight for the compensation you deserve.
What Happens to a Veteran’s Pending Claim After They Pass Away?
If a veteran had a pending claim with the VA at the time of their passing, the surviving spouse or dependent may be able to continue the claim through a process called substitution of claimant. This allows the spouse to step in and pursue the claim as if the veteran were still alive.
To qualify for substitution, the surviving spouse must file a request within one year of the veteran’s death. If successful, the spouse could receive:
- Retroactive benefits from the claim the veteran was pursuing.
- Increased DIC benefits if the veteran’s pending claim results in a higher disability rating.
Many families miss out on thousands of dollars in benefits simply because they don’t know about this process. If your spouse had a VA claim that was still pending at the time of their passing, don’t wait—call us today so we can help you file the proper request on time.
The PACT Act: Expanded Benefits for Veterans Exposed to Toxins
The PACT Act is a recent law that expands VA benefits for veterans exposed to toxic substances during service. This includes those who served in:
- Vietnam and were exposed to Agent Orange
- Camp Lejeune and suffered illnesses from contaminated water
- The Gulf War and were exposed to burn pits
Veterans who were previously denied claims for conditions related to these exposures may now be eligible under the PACT Act. If you were denied in the past, we can help reopen your case.
Why Hiring an Attorney is Worth It
Many veterans try to handle VA claims alone and end up frustrated with long delays, confusing paperwork, and unfair denials. Having an attorney on your side takes the pressure off.
At Elderly Care Law Firm, we:
- File and track claims to make sure nothing is missing.
- Communicate with the VA so you don’t have to spend hours on the phone.
- Gather medical and legal evidence to strengthen your case.
- Represent you in hearings and appeals if the VA wrongly denies your benefits.
Veterans fought for this country. We fight for them.
Take the Next Step: Call for a Case Evaluation
You served your country. Now let us serve you. Whether you are a veteran, surviving spouse, or family member, we are here to help you navigate the VA system and get the benefits you deserve.
Call your Veterans Benefits attorney today for a case evaluation. Let us handle the fight so you can focus on what matters most – you and your family. We represent United States military veterans from around the world.
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