Category: Veterans' Disability

Though only a medical professional can diagnose and treat complications arising from severe burn injuries, there are some issues that tend to commonly affect veterans with service-connected injuries of this nature. If you’ve been burned, it is important to know what conditions may affect you and whether you may be eligible for veterans’ disability benefits.

Burn Complications Can be Serious and Disabling

Some of the issues that tend to come up following econd, third, and fourth degree burns include:

• Loss of sweat glands. Burns that penetrate into the dermal layer can destroy sweat glands. This cannot be corrected through skin grafting. Affected areas of the body will not be able to sweat and regulating your own body temperature may be impossible.
• Scarring. Scars can be painful and disfiguring.
• Infection. Infections can require significant medical treatment and compromise your health.
• Contractures. If you have this condition, the skin surrounding the burn pulls too tightly together and prevents the affected joints from moving freely.
• Psychological complications. This may include post-traumatic stress disorder (PTSD), sleep disorders, or depression. These can result either from the incident that caused the injury or lengthy periods of continual, extreme pain during the recovery process. Veterans who experience psychological complications must also seek treatment from mental health professionals.

If you suffer from any of these burn complications because of an injury sustained during your service to our country, it is important to know how to apply for veterans’ disability benefits.

Talking to a Veterans’ Disability Lawyer Is the First Step

Even if you qualify for veterans’ disability benefits, your receipt of benefits will not be automatic. You need to apply to the Department of Veterans Affairs and provide information about your service, your discharge, and your disability. You can save time and get the benefits you deserve by talking to an experienced veterans’ disability lawyer about your rights and about how to complete your application. For more information, please contact us any time via this website or by phone. We would be happy to talk to you about getting the fair benefits you deserve.

If you are appealing a denial of veterans’ disability benefits, the effective date of your disability, or the evaluation of your disability, then your next step is to file an appeal. This begins when you file a Notice of Disagreement letter (NOD). In that letter you will need to tell the Department of Veterans Affairs whether you would like your appeal to be reviewed by a Decision Review Officer (DRO) or the local Board of Veteran Appeals (BVA).

Appeal to a Decision Review Officer

A review with a DRO takes place at the Texas VA office that issued the decision on your claim. It is typically a one-on-one review in a less formal setting. It usually takes less time to schedule a DRO appeal, and the decision can come through much faster. Also, if the DRO decision is unfavorable, you are able to make a follow-up appeal with the BVA.

Appeal to the Board of Veterans Appeals

Filing for an appeal with the local BVA means a formal hearing. It will take a significantly longer period of time for you to recieve a date, and it could take several months or even years to resolve your case.

Due to the nature of BVA hearings and the ability to further appeal a DRO decision, many Texas veterans prefer to initiate their appeal with a decision review officer.

However, you should be aware that every case is different. An unfavorable VA disability benefits decision will have a major impact on your future, and you’ll want to know more about all of your options so that you can make the decision that is in your best interest.

To get started, we encourage you to contact an experienced veterans’ disability lawyer to discuss all of your rights and the potential steps you could take next. Filing a Notice of Disagreement is just the first step in your recovery of benefits and we are here to help you at each stage of the appeals process.

No. You do not have to be wounded in combat in order to qualify for veterans’ disability benefits. While veterans who suffered gunshot wounds, lost limbs, became deaf because of explosions, or received other combat-related injuries certainly can and do qualify for veterans’ disability benefits, they are not the only veterans who qualify for such benefits.

Who Else Qualifies for Veterans’ Disability?

Veterans’ disability benefits cover any service-related medical condition. This includes conditions that developed as a result of the person’s military service, as well as pre-existing medical conditions that worsened as a result of the person’s military service. In addition to combat injuries, veterans’ disability benefits also cover injuries suffered in service-related car accidents, sexual assaults, and on-the-job accidents, for example.

Common injuries and conditions for which veterans may receive benefits include:

• Traumatic brain injuries and other head injuries
• Post-traumatic stress disorder
• Eye injuries
• Ear injuries and hearing loss
• Back, neck, and spinal cord injuries
• Joint problems
• Diabetes
• Sleep apnea
• Hypertension (high blood pressure)
• Heart disease
• Mental disorders

If you are a veteran who is suffering from a physical or mental condition that you believe was caused by your military service or aggravated by your military service, it is important to discuss your rights with an experienced veterans’ disability attorney. You may have the right to recover veterans’ disability benefits.

Your Recovery of Benefits Is Not Automatic

Instead, you will need to prove that your disability was caused by or aggravated by your service, and you will need to prove the extent of disability. If you file the right paperwork and supporting evidence, the Department of Veterans Affairs may approve your application for veterans’ disability and you may begin getting the benefits you deserve.

Do not risk having your application for veterans’ disability denied or delayed. Contact an experienced veterans’ disability lawyer today for a free, confidential consultation about your rights and for more information about getting the fair benefits you deserve.

During the Vietnam War, the U.S. military used more than 19 million gallons of Agent Orange and other herbicides to clear trees and brush in Korea, Cambodia, Thailand, Laos, and South Vietnam. It is estimated that more than 2.4 million American were exposed to the herbicides.

Soldiers were told that these herbicides were harmless; however, veterans returning from Vietnam began to suffer from rare cancers and other diseases. Their children were often stillborn or born with birth defects.

In 1991, Congress recognized that Agent Orange caused serious health problems in Vietnam-era veterans and enacted the Agent Orange Act. This act allows the Department of Veteran’s Affairs to offer benefits to Vietnam veterans who have certain disabilities associated with exposure to Agent Orange and other tactical herbicides.

Benefits Available Under the Agent Orange Act

If you served in Vietnam, Korea, or Thailand during certain years in the 1960s and 1970s, you may be eligible for:

• Agent Orange Registry health exam. A free, comprehensive health exam to screen for health problems associated with exposure to Agent Orange. Veterans who served in Vietnam (1962-1975), the Korean Demilitarized Zone (1968-1971), and Thailand (1961-1975) are eligible for health screenings.
• Health care benefits. A full range of health care benefits, including treatment at War Related Illness and Injury Study Centers in California, New Jersey, and Washington, D.C., are available.
• Disability compensation. A monthly payment given in compensation for illnesses or disabilities related to military service—the amount of benefits is based on disability rating and number of dependents.
• Other VA programs and services

Dependents of veterans exposed to Agent Orange may also be eligible for benefits. Children who are born with birth defects may be eligible for VA compensation, health care, and vocational training. Surviving spouses of military members who die as a result of exposure to Agent Orange or a disease associated with Agent Orange may also receive VA compensation.

How to Get the Benefits You Deserve

In order to receive VA benefits, you must:

• Not have a dishonorable discharge
• Have a diagnosis of a medical condition associated with exposure to Agent Orange
• File a VA benefits claim

It is important to take action in order to get the benefits you deserve, but you do not have to take action alone. Instead, we encourage you to contact our veterans’ disability attorneys to schedule an initial consultation about your rights and the potential benefits that we may help you receive.

When you receive a decision from your regional Veterans Affairs (VA) office regarding your veterans’ disability rating and benefits, you may not be pleased with the decision. Perhaps the VA did not understand the extent of your disability or maybe your request for disability was denied. If you believe an error was made when deciding your claim, you have the option of presenting your case in front of the Board of Veterans’ Appeals.

What You Should Know Before You File an Appeal

The Board of Veterans’ Appeals is established by federal law (38 United States Code (U.S.C.) § 7101(a)) to conduct hearings and decide appeals when disputes over veterans benefits arise.

Known as the BVA—or simply the Board—the Board of Veterans’ Appeals is made up of a panel of judges who are attorneys with experience in veterans’ law and claims review. While the BVA is located in Washington, DC, it is possible to meet with a board member at a regional VA office or through a video conferencing option. There are multiple locations available for video hearings across the country, and video hearings may speed up your appeals process.

In order to have your claim heard by the BVA, you must take specific steps to file an appeal. Specifically, you should:

• File a Notice of Disagreement with your local VA office. This should explain why you believe an error has been made.
• Complete a Substantive Appeal Form 9. This form will be sent to you by the VA office and must be completed in order for a personal hearing to be granted.

Appealing your veterans’ disability claim can be overwhelming and confusing, especially when you are also struggling to live with a disability. At Morgan & Weisbrod, our VA disability lawyers can help you navigate the process and represent you during your hearing. Contact us today to learn more.

In some situations, you may be able to receive veterans’ disability benefits while you are in a federal, state, or local prison or jail. However, whether you can continue to receive benefits and the amount of benefits that you may be eligible to receive depends on why you are incarcerated.

What You Need to Know if You are Facing Jail Time

According to the United States Department of Veterans Affairs:

• Your veterans’ disability benefits will only be reduced if you are convicted of a felony and in jail or prison for 60 days or longer.
• If you are convicted of a felony and imprisoned for 60 days or longer, your veterans’ disability benefits will be reduced. If you have a disability rating of 20% or more, you will be reduced to the 10% disability rating. If you have a disability rating of 10%, your benefits will be reduced by half.
• Some benefits may be apportioned to your spouse, your children, or your dependents during this time depending on their need and the other details of your situation.

It is important to remember that there should be no change in your benefits if you are:

• Convicted of a misdemeanor
• Sentenced to fewer than 60 days in prison
• Sentenced to a work release program, a residential re-entry center, or community control

It is also important to be prepared for the end of your prison term.

What Happens When You Are Released?

If you are released from prison, your VA disability benefits can be restored beginning on the first day of your release as long as the Department of Veterans Affairs (VA) is notified of your release within a year. You may receive full veterans’ disability benefits even if you are in a work release program, living in a halfway house, or on parole. The amount of your benefits will be based on the severity of your disability at the time you are released.

Are you getting the VA disability benefits you deserve? Contact an experienced and attentive disability attorney at Morgan & Weisbrod today to make sure you are getting the benefits you have earned. Our lawyers can help you understand your rights as well as which steps you can take immediately to protect your rights.

According to the Internal Revenue Service (IRS), disability benefits received from the Department of Veterans Affairs (VA) should not be included with your gross income on your federal tax returns. These benefits are specifically excluded by federal law. Additionally, Texas does not currently have a state income tax so your disability benefits will not be subject to state income tax if you reside in Texas.

Other Veterans’ Disability Benefits Are Also Excluded From Your General Income

Your monthly veterans’ disability benefits are not the only veterans’ disability benefits that are excluded from your general income for tax purposes. Other federal veterans’ benefits that are not taxable include:

• Grants to make your home wheelchair accessible
• Grants for vehicles that need to be modified because of your disability
• The proceeds of a veterans’ endowment policy
• Veterans’ dependent care assistance program benefits
• Survivor’s death gratuity payments
• Work therapy program payments made or compensated by the Department of Veterans Affairs
• Sustenance allowances
• Education and training compensation

Any other disability benefits you receive through programs that are not run by the Department of Veterans Affairs may be subject to different tax rules.

Pay What You Owe

As a veteran of the United States armed services, you deserve to get all of the benefits to which you are legally entitled. This includes the full amount of disability benefits for which you qualify. You should not subject yourself to paying more in taxes than you legally owe unless you wish to do so voluntarily.

If you have any questions about state or federal tax liability for your veterans’ disability benefits, it is important to speak to your accountant directly. Similarly, if you have any questions about your eligibility for veterans’ disability benefits, you should speak to an experienced Texas disability lawyer at Morgan & Weisbrod. Please contact us via this website or by phone to schedule a meeting and to make sure you get the fair benefits you deserve.

Yes, you may be eligible for veterans’ disability benefits if you were in the National Guard and you were hurt during active duty. A member of the National Guard is considered to be on active duty if the member is serving:

• During a national emergency
• During an international conflict
• By participating in basic combat training
• By participating in advanced individual training
• By participating in annual training
• By participating in active duty training
• By participating in weekend drills

Recent examples of National Guard members being called into active duty include the conflicts in Iraq and Afghanistan and Hurricane Katrina.

You Must Qualify for Benefits

It is important to note that although those in the National Guard who are injured during active duty can receive veterans’ disability benefits, each individual case is different and each case must also meet the requirements of any other veterans’ disability claim. For example, your claim must prove that your condition was caused by or exacerbated by your active duty and you must not have been dishonorably discharged.

Are National Guard Members Treated Fairly?

According to recent data collected through the Freedom of Information Act, it is significantly harder for National Guard members and reservists to receive veterans’ disability benefits than it is for other service members. The data shows that reservists who served in Iraq and Afghanistan after 9/11 were four times more likely to be denied benefits than active duty military members.

Out of approximately 70,000 military men and women who have been denied VA disability payments, 60 percent of denials were issued to National Guard members and reservists, even though this segment makes up only 40 percent of the veteran population.

Talk to a Disability Lawyer About Your Rights

In order to know if you should apply for veterans’ disability benefits, please contact a Texas disability benefits attorney about the details of your case and your history in the National Guard. Morgan & Weisbrod offers all veterans a free, private meeting in which you can discuss your disability and your plan for the future. Call today for more information.

Veterans’ disability benefits are generally only available to veterans who were discharged under other than dishonorable conditions. In other words, you may be eligible for veterans’ disability benefits if you received an honorable discharge or a general discharge from the military, but you are not eligible if you received a dishonorable discharge.

Dishonorable Discharges May be Appealed

A dishonorable discharge is only handed down to those who have been court-martialed for a serious offense, such as desertion or assault. It is possible to appeal your dishonorable discharge and perhaps get it downgraded to a different type of administrative discharge—even a few years after your military service ends. If you believe that your dishonorable discharge is incorrect, you should take action to protect your rights and any veterans’ benefits that may be rightfully available to you.

You Don’t Need an Honorable Discharge to Get Veterans’ Disability Benefits

You may be eligible for veterans’ disability benefits if you received a bad conduct discharge (BCD) or an other-than-honorable discharge (OTH). In these two cases, you may wish to speak to a veterans’ disability attorney about your case. While some former service members have successfully fought for VA disability benefits despite an OTH discharge, others have been denied. Your case may depend on the reason for your discharge and whether it was related to your physical and mental health issues at the time.

Don’t Delay Getting Help With a Veterans’ Disability Claim

Veterans’ disability benefits can have a significant impact on your future. If you think you may qualify for such benefits, or if you have questions about your eligibility for veterans’ disability benefits, we encourage you to contact an experienced disability lawyer as soon as possible to discuss your case and to make sure your rights are protected. Please call us today or reach out to us via this website for additional information.

The short answer to your question is that you should apply for veterans’ disability benefits as soon as possible so that you can begin getting the benefits you deserve.

However, before you apply for veterans’ disability benefits you need to know a few things, including whether you have suffered a service-related health condition, whether you are eligible for benefits, and how to prepare your application so that it can be approved.

Are You Eligible?

You are eligible for veterans’ disability benefits if you:

• Served on active duty, were on active duty training, or were on inactive duty training.
• Discharged for reasons other than dishonorable conditions.
• Suffered at least a 10% disability because of something that occurred on active duty or in training.

Special rules do apply if you were hurt on inactive duty training, however.

Be Prepared Before You Apply

Before you submit your application, it is important to have all of the appropriate medical evidence from your health care providers and to know how to complete your application form. You need evidence to prove two things:

• First, you need evidence to prove that you have a current physical or mental disability.
• Second, you need evidence to prove the connection between your disability and your service. Under certain circumstances, the connection may be presumed based on where and when you served.

If you follow all of the directions and provide all of the necessary documentation, you may be able to have your benefit request approved without going through the appeals process.

Don’t Wait to Take Action

You can begin protecting your rights today. Browse our free videos and articles to learn more about veterans’ disability benefits and contact an experienced veterans’ disability lawyer directly to discuss your claim and how to get started with your application. In our first confidential meeting, we will review your potential claim with you, we will answer your questions, and we will talk about the steps you can take next. Call us or reach out to us through this website to learn more at any time.