Michigan VA Disability Benefits Lawyer

Veteran-Focused VA Disability Benefits Lawyer Serving Michigan

As a proud military veteran residing in Michigan, you may be entitled to disability benefits through the United States Department of Veterans Affairs (VA). These benefits aim to provide financial assistance and support to veterans who have sustained service-connected health issues, including injuries, illnesses, and mental health concerns. However, navigating the VA disability claims process can be complex and challenging. Understanding the issues that may affect your VA disability benefits is essential to ensure that you receive the compensation you deserve. At The Vet Law Office, our experienced veterans' law attorney can help you protect your rights and advocate for your interests during VA disability claims and appeals.

Disability Ratings

One crucial element in obtaining VA disability benefits is the assessment of your disability rating. The VA may consider a variety of factors when determining these ratings, including its Schedule for Rating Disabilities (VASRD), a veteran's medical records, and statements from the veteran, their family members, and others who served with them.

A disability rating will take the form of a percentage figure that represents the degree of disability associated with a condition or injury resulting from military service. If a veteran has experienced multiple disabling conditions, each condition will be given its own disability rating, and tables and formulas will be used to determine a combined disability rating.

The assigned rating determines the level of monetary compensation that may be awarded to an eligible veteran. The most compensation will be awarded to veterans who have 100% ratings and are considered totally disabled. In some cases, veterans with disability ratings below 100% may receive full benefits after being designated with the status of Total Disability based on Individual Unemployability (TDIU). It is imperative to ensure that your service-connected conditions are correctly evaluated and rated by qualified medical professionals during this step of the claims process.

Compensation and Pension Exams

In many cases, VA personnel will rely heavily on Compensation and Pension (C&P) exams when evaluating claimed disabilities. C&P examinations are conducted by VA healthcare providers or contracted medical professionals who gather evidence regarding both new cases and reevaluations. C&P exams aim to assess diagnosed conditions or injuries, their potential association with military service, and their impact on a veteran's overall health and daily life activities. Accurate documentation provided during these exams significantly influences determinations made when assigning disability ratings.

Responding to Denials or Errors Made During Disability Claims

Following an unfavorable decision during the VA disability claims process, there are several options available to veterans. Appealing unfavorable decisions by the VA, including the denial of a disability claim or an incorrect disability rating, can ensure that a veteran's case will be assessed correctly so that they can receive the proper benefits. The VA provides several avenues for appealing decisions and seeking a fair resolution:

The Higher-Level Review (HLR) option allows veterans to request a review of their claims by an experienced adjudicator within the VA. This reviewer conducts a de novo assessment—meaning they may consider all evidence, medical records, and documents that had previously been submitted to determine whether the VA's decision was erroneous. However, this option does not allow for any additional evidence to be considered.

Supplemental claims offer an opportunity to submit relevant new evidence that was previously unavailable or had not been submitted during the initial decision-making process. A veteran may be able to provide additional medical records related to their service-connected injuries or illnesses, statements from people who can detail how they have been affected by their disabilities, or any other evidence that may be relevant to their case. This can ensure that the VA will consider all appropriate information to determine eligibility for disability benefits.

If the HLR or supplemental claim options do not lead to a favorable outcome, a veteran may appeal their case to the Board of Veterans' Appeals (BVA). This option may also be available for veterans who wish to have their claim assessed by a Veterans Law Judge. The BVA serves as an administrative tribunal responsible for rendering decisions on appealed claims. It may consider new evidence if necessary, and hearings may be held where testimony can be provided. If a claim is denied by the BVA, a veteran may have additional options, including appealing to the Court of Appeals for Veterans Claims. If necessary further appeals can also be pursued in federal courts, and a case could potentially even make its way to the U.S. Supreme Court.

Contact Our Michigan VA Disability Benefits Attorneys

Navigating through the complexities and challenges involved in obtaining satisfactory disability ratings or appealing denied claims can be difficult without a skilled legal advocate on your side. At The Vet Law Office, we have experience working with veterans in Michigan and across the United States to secure disability compensation and other essential VA benefits. Contact our firm at 1-800-700-4174 for a consultation. We are prepared to provide compassionate representation, guiding you through the entire process, addressing your concerns, and striving for the maximum compensation you deserve.

VA Health Centers in Michigan

John D. Dingell VA Medical Center
4646 John R Street
Detroit, MI 48201

Lieutenant Colonel Charles S. Kettles VA Medical Center
2215 Fuller Road
Ann Arbor, MI 48105

Battle Creek VA Medical Center
5500 Armstrong Road
Battle Creek, MI 49037

Oscar G. Johnson VA Medical Facility
325 East H Street
Iron Mountain, MI 49801

Aleda E. Lutz VA Medical Center
1500 Weiss Street
Saginaw, MI 48602

Michigan VA Regional Office

Detroit Regional Office
477 Michigan Avenue
12th Floor
Detroit, MI 48226