Sometimes, claiming disability benefits compensation in Texas can be a straightforward process. Other times, though, problems can occur that can make receiving what you deserve for your service-related disability difficult. This is when you can benefit from having an Austin VA disability lawyer to help you with your claims, starting with a free case evaluation.
Helping you prepare the strongest possible claim if you live in Texas, or to present the strongest possible appeal if the VA denies your claim, is how a Stone Rose Law Austin VA disability attorney can help.
Call us at (480) 498-8998 to get a free consultation or contact us online to talk with a VA disability lawyer today about your VA claims.
See below how our expert Austin VA disability attorneys can help you with your disability claims or claim denial appeal.
To be eligible for all the benefits in Austin, you must meet the following three requirements:
The VA defines who a veteran is through criteria like how long you served, the time period of service, and the nature of your service discharge.
Generally speaking, as long as you honorably completed your term of active duty service or were medically discharged, you should qualify as a veteran.
You need to have medical evidence that you are suffering from a current disability. The VA rates disabilities from 0 to 100 percent. Your doctor, mental health counselor, or other qualified medical professional will make this disability determination.
For you to receive monthly compensation for your disability, the VA must rate you as having at least a 10 percent disability.
You can still receive some healthcare assistance benefits through the VA with a 0 percent disability rating, like medical benefits and mental health counseling.
You must show that something happened to you while you were serving that caused the disability.
This is the key factor that the VA will evaluate.
Many Texas disability claims are at least initially denied by the VA because of questions about whether the underlying injury, illness, or condition happened during the veteran’s term of service or was related to what the servicemember was doing while in service.
Sometimes, proving your disability has a service connection is easy.
For example, if during the performance of your military duty something happens to you, like a training accident, or you are injured in battle, or exposed to hazardous substances, then tracing a direct service connection is simple.
Other situations can exist, though, that make it less clear whether your disability is a service-connected one.
A latent condition is one that you have when you enter military service, but which has not become disabling yet. If a latent condition worsens after you leave the service, one question the VA will consider is whether something happened to you while serving that aggravated it.
If so, then you may still be eligible for disability benefits even though your service activity was not the original cause of your condition.
Another indirect way you can experience a service-connected disability is if it arises from a separate disability that is service-connected.
For example, your doctor could diagnose you as having post-traumatic stress disorder (PTSD) after leaving the service based on a traumatic event you experienced while serving. Your treatment includes drugs that contribute to significant weight gain as a side effect. This additional weight eventually leads to you being diagnosed later with Type 2 Diabetes.
In this case, even though your diabetic condition arose after your discharge and is not itself a symptom of PTSD, you might still trace a secondary service connection by showing that the PTSD treatment caused your diabetes.
Another consideration is whether your disability is actually related to your military service. If your injury, illness, or disabling condition comes from doing something that has nothing to do with your service obligations, this can lead to a claim denial.
For example, if you are injured during the commission of a crime, or your injury is the result of an untreated substance abuse behavior, these are activities the VA will consider to have no connection with your service.
As you can see, proving a service connection to your disability is something that the VA considers on a case-by-case basis. Your service medical records will be part of the claims evidence the VA will consider, along with any records of post-service medical treatment.
The VA declines many veterans’ disability claims because claims lack enough proof to establish a service connection. An Austin VA disability lawyer, like one of our VA disability attorneys at Stone Rose Law, can help you gather all the documents and other forms of support you need to clear this hurdle.
If the VA approves your disability benefits claim, then depending on the nature and extent of your disabilities—most military veterans who have service-connected disabilities have more than one—you might qualify for the following kinds of VA assistance:
These are payments the VA makes to you. How much you receive in monthly benefits will depend on your combined disability rating.
If you have a spouse, dependent children, or parent(s) who depend on you to take care of them, then you can receive additional compensation benefits for them in the form of Special Monthly Compensation for aid and attendance services they perform.
In some situations, your dependents can continue to receive VA benefits after you pass on, including coverage of burial costs and Dependency and Indemnity Compensation for your survivors.
There are many kinds of special VA veteran benefits you might be eligible for.
These are only some of the special benefits the VA offers.
An Austin veterans disability attorney can help you to learn which ones may apply to you.
The VA supports veterans with more than just compensation.
As we mentioned above, even if your disability rating is 0 percent, you can still benefit from other Veterans’ health services the VA offers through the Pennsylvania VA healthcare system.
The VA determines benefit amounts using a combined disability rating, which is calculated with a specific formula.
These ratings range from 0 to 100 percent disability.
At 0 percent, you will not be eligible for monthly benefits, but you may still qualify for veterans’ healthcare assistance and other benefits.
As of 2023, the pay rates for VA disability benefits are:
These amounts increase for Texas disabled veterans with dependents.
The amount of VA disability benefits that you are eligible to receive depends on your specific circumstances, which you can calculate with our VA Disability Calculator.
One of our Stone Rose Law Austin VA lawyers can help you prove the extent and degree of your disability to achieve the amount that you need.
Meeting the requirements to make a VA disability benefits claim seems simple in concept. But let’s face it: the VA is a vast, federal bureaucracy, and sometimes the VA benefit claims process does not go smoothly.
Every year, the VA denies about one-third of the Texas benefit claim applications it receives. Often, these denials are the result of mistakes veterans can make when putting together their application packages.
Here are a few common errors the VA sees in disability claims:
During your free consultation, our Austin VA disability attorneys will clearly explain the legal requirements with you to make sure your application for VA disability benefits gives the VA everything it needs for a favorable decision. Your application will have all the right forms. It will be complete in its evidence, state your case in a carefully thought-out way, and be free of errors.
We make it much easier for the VA employees who decide on your claim to decide favorably for you. This is the difference you can make for yourself by letting our Austin VA disability attorneys help you with filing a claim or making an appeal.
Your dedicated Stone Rose disability lawyer will make sure your application makes the best case for you and does not inadvertently sabotage your claim with avoidable mistakes.
Best of all, we do many of our disability claim application services in a free case evaluation (see below).
If the VA denied your initial benefit claim or benefit adjustment claim, it could mean that someone at the VA has made a mistake.
Your exam reports can be overlooked.
Someone can give you the wrong disability rating for the severity of your condition.
And sometimes, you can find yourself in a frustrating debate over whether your disability is service-connected.
In situations like these, the appeals process of arguing your case by yourself against the VA, such as through making a claim through the Board of Veterans Appeals, can be daunting, frustrating, and bewildering at the same time.
Presenting a compelling appeal to a denied veterans disability claim requires a thorough understanding of VA regulations and procedures, and how the VA applies both. This is what a Stone Rose Austin disability claim denial lawyer can do for you.
Our expert veterans attorneys at Stone Rose Law are VA disability advocates who have many years of experience in helping veterans like you with their VA appeals, and who know the VA appeals process.
A Stone Rose VA disability lawyer will know what goes into making the strongest and most persuasive possible appeal on your behalf, so you do not have to.
Our law firm is accredited by the Department of Veterans Affairs and admitted to practice before the Court of Appeals for Veterans Claims. When you engage us to represent you, you can be sure that your disability appeals lawyer will be experienced, highly competent, and aggressive throughout the VA appeals process.
If we win your appeal, we only charge a reasonable, one-time contingency fee from your award from the VA.
If we lose, you owe us nothing.
At Stone Rose Law, we are VA disability advocates for veterans’ disability claims in Austin and everywhere else in the state of Texas. We are board-certified VA disability law specialists who serve on behalf of Texas veterans.
Our Austin veterans lawyers are dedicated to providing legal representation to military veterans to collect all the veterans disability benefits they deserve.
A Stone Rose disability lawyer can help you prepare your disability claim, monitor your claim status and consult with you before disability examinations—all for free.
If you are denied VA veteran benefits, our law firm will assign a VA disability appeals lawyer to help you pursue a VA appeal with the Board of Veterans Appeals while providing legal representation on a contingency fee basis.
This means you won’t pay your VA lawyer unless we win your case.
Our Austin veterans disability attorneys provide affordable, high-quality veterans appeals legal services, representing veterans and their VA claims throughout Texas.
For more information about how one of our VA disability lawyers can help you with a VA disability compensation claim or appeal, request a free consultation at (480) 498-8998. Or, if you prefer, you can reach out to us online to ask a question about veterans law, veterans disability benefits, or to set an appointment with one of our veterans lawyers for a free case evaluation.
Our Austin disability lawyers represent veterans’ initial VA claims, supplemental claims, and denied VA disability appeals, helping veterans who seek assistance no matter where in the state they live.
Whether yours is an original claim, a supplemental claim, a denied claim, or any other kind of claim, there is no reason why you should not receive the service-connected disability benefits you deserve for your military experience, and no reason why you should face the VA alone when applying for denied benefits.
Call our law firm today for a free initial consultation or a free case review with a veterans disability lawyer, and get started with your VA claim or your VA court appeal.