Seasoned Pennsylvania Veterans’ Disability Benefits Attorney

Due to the hazards they face, people who suffer injuries during their military service often need lifelong VA disability benefits. Sadly, obtaining VA disability benefits is often a long and complex process. If you were injured during your term of military service, a Pennsylvania VA disability lawyer can help you obtain the veterans benefits you need to help you rebuild your life.

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How Win Big Helps Veterans Get The Benefits They Deserve

At Win Big Law, our veterans’ benefits attorneys are dedicated to assisting veterans in obtaining the benefits they rightfully deserve. Our legal team of disability benefits attorneys is well-versed in the intricacies of the Department of Veterans Affairs. In addition to providing legal representation, we will help build your case and guide you through the veteran’s disability claims process.

Do You Qualify For VA Benefits?

Many veterans think they do not qualify for VA disability benefits. To be eligible for veterans benefits, a person must have completed a term of military service and received either an Honorable Discharge, General Discharge, or Other Than Honorable Discharge. Additionally, a veteran must have suffered an injury or illness while on active duty to make service-connected disability claims.

Representing the Injured Nationwide

Map of the United States, where Win Big prosecutes vaccine injury claims.

Types of Veterans' Disability Benefits

Several types of veterans’ disability benefits are available for veterans and their families. The type of disability benefits depends on the circumstances of the injury and the severity of the veteran’s disability. At Win Big, our attorneys proudly represent Pennsylvania veterans who are seeking the VA disability benefits they need as a result of their injuries.

VA Compensation Benefits

VA compensation benefits provide financial assistance to veterans with service-connected disabilities. To claim service-connected disability compensation benefits, a veteran must prove they are suffering from a disability which was caused by a specific event or resulted from a term of service. The compensation a veteran receives depends on the extent and percentage of their disability.

Dependency & Indemnity Compensation (DIC)

Not all disability benefits are meant for veterans. DIC benefits are available to surviving spouses and dependents of veterans who died due to their military service or from service-connected disabilities. To receive VA benefits, surviving family members must prove the veteran died due to a service-related injury or illness or was eligible to receive VA benefits due to a totally disabled disability rating.

VA Pension Benefits

Some veterans become disabled following their military service. VA pension benefits provide financial aid to veterans with a permanent and total disability unrelated to their military service. Additionally, veterans who are 65 or older are also eligible for VA pension benefits.

Section 1151 Benefits

Section 1151 benefits are available to veterans who have suffered injuries or aggravation of prior injuries due to substandard medical treatment provided by the Department of Veterans Affairs. In short, a 1151 claim is an administrative medical malpractice claim. To receive benefits, a veteran must prove their injury resulted from extreme negligence by a VA medical provider, or the injury resulted from an unforeseen complication stemming from VA-provided medical care, or due to worsening caused by a vocational rehabilitation program.

How To File For VA Benefits

Popular culture has created the perception the VA claims process could be faster and more complex. Unfortunately, many veterans find this stereotype to be true when beginning the process of filing a disability claim. Navigating the VA benefits application process can be daunting, which is why the assistance of a veterans benefits attorney is essential.

Complete the VA Application

Before filing a claim, you should file an Intent to File form. By filing this form early, you can establish an earlier effective date for your VA claim. Following this, you should prepare and complete a VA claim application form.

Submit Supporting Evidence

One of the common reasons VA claims are denied is the lack of sufficient evidence submitted by disabled veterans. Gathering and submitting compelling evidence increases the likelihood of your VA claim being accepted. The attorneys at Win Big can assist you in gathering evidence such as medical records, service records, witness statements, nexus letters, and other supporting documents to strengthen your VA disability claim.

Await Your Claim's Review

Once your claim is submitted, it will undergo a review process by the VA. During this time, you may have to attend a medical examination at your local VA office. We will monitor the progress of your claim, provide updates, and respond to any requests for additional information or documentation.

What If Your VA Benefits Claim Is Denied?

If your VA benefits claim is denied, do not lose hope. Our attorneys have extensive experience in handling appeals for denied VA claims. Our team will guide you through the appeal process, ensuring all deadlines are met, and all necessary paperwork is filed correctly.

File An Appeal

When your claim is denied, you will receive a Statement of the Case explaining why your claim was denied. You have 60 days to note an appeal. To begin the VA appeals process, you must file a Notice of Disagreement Form with the VA office that denied your claim.

DRO Appeal

A Decision Review Officer (DRO) appeal involves requesting a higher-level review of your denied claim. Specifically, you can request a hearing before a DRO. At this hearing, you can present additional evidence of your disabling medical condition and also present arguments as to why your claim should be granted.

BVA Appeal

If your claim remains denied after a DRO appeal, you can take your case to the Board of Veterans’ Appeals (BVA). You have the right to have a hearing before an administrative law judge. The attorneys at Win Big can represent you during the appeal process and submit additional evidence on your behalf.

Court of Appeals for Veterans Claims

In cases where the BVA decision is unfavorable, we can file an appeal with the United States Court of Appeals for Veterans Claims (CAVC). The CAVC is not part of the Department of Veterans Affairs but instead is part of the Federal court system. Typically, the CAVC only remands denied claims based on errors of law which is why representation by an experienced lawyer is essential.

Contact Win Big Law Today For a Free Consultation

You need strong legal representation if you are a veteran seeking disability benefits. At Win Big, we are dedicated to assisting veterans like you in obtaining the benefits you rightfully deserve. Contact us to schedule a free consultation with our experienced veterans’ disability benefits attorneys today!