South Carolina Veterans Disability Lawyer

veterans disability attorney south carolina

Applying for veterans’ disability benefits is similar to applying for SSDI or SSI benefits with the Social Security Office; however, veterans face an added challenge of proving that their disability occurred while on active duty. When a veteran is hurt while serving our country, the last thing that they should have to do is worry about the bureaucratic process of applying for benefits. The disability attorneys at Klok Disability Law, LLC have spent years dedicated to getting veterans the disability benefits that they have earned and deserve when they are disabled protecting our country.

Veterans’ Disability Compensation

Veterans’ disability compensation constitutes benefits paid to veterans who became disabled as a result of an injury or disease that occurred during active military service. These benefits are also paid to veterans who can show that their disability was the result of a post-service experience that is secondary or related to a disability that occurred during active military service.

Under these benefits, a veteran can also qualify for special monthly compensation. This is additional tax-free compensation paid to veterans or their spouses for special circumstances where the disability has caused a need and attendance of another person. Common examples of needing special monthly compensation include losing a hand or other extremity.

In order to be deemed eligible for veterans’ disability benefits, you must prove that more likely than not you became disabled from an injury or disease that occurred while on active duty, active duty for training, or inactive duty training. You must also show that you were not discharged under dishonorable conditions. Disability benefits are graduated on a scale of 10 to 100 percent disability in 10 percent increments to determine what amount of benefits you should receive.

Presumed Disability

The U.S. Department of Veterans Affairs automatically presumes that certain veterans qualify for benefits under specific circumstances. These instances include:

  • Former prisoners of war;
  • Veterans with chronic or tropical diseases that become evident after discharge from service;
  • Veterans exposed to ionizing radiation, mustard gas, or Lewisite;
  • Veterans exposed to herbicides, especially while serving in Vietnam; and
  • Veterans who served in Southwest Asia during the Gulf War.

An attorney can help veterans who automatically qualify for benefits under these circumstances apply to the program and start getting the benefits that the government owes them.

Appealing a Veterans’ Disability Claim

Veterans typically appeal their disability determination because they were either denied benefits outright or disagree with how severe the disability was rated. In order to appeal a decision for veterans’ benefits, you must send in a request to the Board of Veterans’ Appeals, part of the Department of Veterans Affairs. The board reviews appeals for benefits and renders decisions on the appeals.

There are many steps involved with appealing a decision for veterans’ benefits, including filing the claim, sending a Notice of Disagreement, creating a Statement of the Case, filing a Substantive Appeal form, attending personal hearings, and potentially dealing with a remand of a decision back to the local VA office to start the process again. An experienced attorney knows how to deal with every step of the process and can ensure that the appeal runs smoothly in order to get your decision back as quickly as possible.

Contact a Veterans’ Benefits Attorney Now

If you or a loved one served in the military for our country and was disabled as a result, you deserve full compensation for your sacrifice. Located in Mount Pleasant, the Klok Disability Law, LLC has years of experience successfully helping veterans litigate for the disability benefits that they were wrongfully denied. Call or contact the office today for a free and private consultation of your claims.