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Are You Eligible for Veterans Disability Benefits?

Veterans Disability Benefits Lawyer in South Portland, Maine

Veterans in Maine, which is estimated to be 110,362, are entitled to disability benefits for injuries or disabilities incurred due to their service to our nation. According to the Census Bureau, nearly 19% of these Veterans have at least one service-connected disability (the national average is 17%). On the other hand, others may have had debilitating injuries yet lack a VA disability rating. A veterans disability benefits lawyer in Maine from Jackson & MacNichol might assist you in fighting for the benefits to which you are entitled.

In Maine, we represent veterans at Jackson & MacNichol. We are committed to pursuing Veterans’ disability appeals and ensuring that their rights are upheld. If you have been refused VA benefits or are unsatisfied with your rating decision, a veterans disability benefits lawyer in Maine may assist you. Please continue reading to discover more about how we can help Maine veterans.

What is VA Disability Compensation?

Veterans who become ill or wounded while serving in the military or whose service aggravated an existing ailment are eligible for VA disability compensation (pay). Physical problems (such as a chronic sickness or injury) and mental health issues (such as PTSD) that emerged before, during, or after service may qualify you for VA disability compensation.

Am I Eligible for VA Disability Compensation?

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If you match both of these criteria, you may be eligible for VA disability payments or compensation. Both of these must be true:

  • You are now suffering from a sickness or injury (also known as a condition) affecting your mind or body.
  • You served on active duty, active duty for training, or inactive duty training throughout your time in the military.

At least one of these has to be true:

  • You became ill or wounded while serving in the military, and you can attribute your illness or injury to this condition (called an in-service disability claim)
  • You had a health problem or injury before joining the military and serving aggravated it (called a pre-service disability claim)
  • You have a handicap as a result of your active-duty service that didn’t manifest itself until after you left the military (called a post-service disability claim)

How to Start a VA Claim in Maine?

Regardless of where you served or where you presently live, the process of filing for benefits may be started from anywhere in the country. You can apply directly through the VA’s website or seek assistance from a skilled veterans disability benefits lawyer in Maine.

Fill out VA Form 21-526EZ or apply online through the VA eBenefits site to get started. You must also fill out VA Forms 21-4142 and 21-4142a if you want the VA to obtain medical evidence on your behalf. For PTSD claims, use VA Form 21-0781 or 21-0781a, and for Individual Unemployability, use VA Form 21-8940 or 21-4192. (TDIU).

The documents must be completed and dated, together with any evidence you want the VA to examine, and submitted or faxed to the VA Evidence Intake Center in Janesville, Wisconsin.

Initial applications can take several months to process, although they can be accelerated in some cases, such as terminal illness, veterans over 75 years old, homelessness, or financial hardship.

It is critical to begin your claim as soon as possible to get an early effective date. The effective date will not alter after it has been established, regardless of how long it takes to properly adjudicate a claim, which might take many years depending on the specific claims you pursue. The effective date is significant because the Veteran is eligible for back pay at the monthly rate from the final decision date to the effective date.

You should also be aware that the effective date may be lost if you do not file appeals for your claims. For example, if you have 90 days to file a VAF-9 but wait too long, you may be required to reopen your claim, which would result in a new effective date. This is why it’s critical to appeal rulings properly to retain the effective date and get all of the compensation due to your impairments.

Because each disability claim has its effective date, an earlier effective date for a shoulder claim will likely not apply to a PTSD claim filed years later.

How to Appeal VA Claims in Maine?

Unfortunately, when it comes to a Veteran’s initial claim, the VA does not always make the best judgment. The Veteran has the right to appeal when their first claims are denied, given a lower-than-expected rating, or applied to the wrong effective date.

Depending on the type of error committed by the VA, there are different ways to appeal. A skilled veterans disability benefits lawyer in Maine from Jackson & MacNichol makes the process easier for our clients by creating well-researched appeals that have been essential in assisting Veterans in receiving the compensation they are entitled to, including back pay.

Some appeals processes might take years, but if you have kept your appeals open for more than a year, you are entitled to back pay for each month that has passed from your effective date.

A Notice of Disagreement is generally the initial appeal (NOD). This form informs the VA that you disagree with the decision made. NODs can be as basic as filling out a form and writing “I disagree” on it, or they might be thousands of pages long. 1 VA Center, Augusta, ME 04330 is the address for the Maine Regional Office.

NODs are met with a Statement of the Case (SOC) from the Regional Office, which describes the case and is forwarded to the Board of Veterans’ Appeals (BVA). The Veteran will be given a decision by the BVA, which may or may not please him. If you believe the BVA’s erroneous decision, you can take your case to the Court of Appeals for Veterans Claims (CAVC).

Don’t hesitate to contact a veterans disability benefits lawyer in Maine from our team for more information and a free case examination if you need assistance appealing a VA decision in Maine.

Selecting a Professional Veterans Disability Benefits Lawyer in Maine

Not every veterans disability benefits lawyer in Maine is equal in their abilities to assist you in winning your case. If you decide to hire an attorney to help you prepare and submit your claim, consider one who will work with you throughout the multi-year process and has experience representing Veterans in all types of appeals.

You should hire a company with a lengthy history of serving Veterans to ensure that they will continue to represent you if your case drags on for years. Some businesses have recently included Veterans Appeals to their Social Security practice and are not committed to assisting Veterans.

It is important to look at how your veterans disability benefits lawyer in Maine will explain your case using research, facts, and arguments. More experience usually means better work, although this isn’t always the case. Before working with a legal company, you should examine reviews and testimonies. You may also inquire about the amount of study they conduct on each case and what some of their most persuasive arguments have been in the past.

Choosing to work with a veterans disability benefits lawyer in Maine can help you communicate about challenging topics and cut down on your time explaining how the military operates. Nothing compares to the bonds formed through shared service activities. Will your legal team be able to handle the high levels of stress that come with combat?

Finally, you may wish to assess the attorney’s responsiveness and  how likely they are to assist you when you need it most. To learn more about how we might help you, contact a veterans disability benefits lawyer in Maine from our firm.

We Can Help You Get the VA Compensation You Deserve

Veterans are frequently refused VA disability payments for ailments arising from or resulting from their service to our country. You’ve worked hard for these benefits, and you deserve a fair shot at the money you’re entitled to.

Jackson & MacNichol’s veterans disability benefits lawyer in Maine is a national leader in the field of veterans law, with years of experience successfully representing Veterans before the Department of Veterans Affairs, the Court of Appeals for Veterans Claims , and the Court of Appeals for the Federal Circuit. Now that you’ve served our country, it’s our turn to serve you. Talk to our reliable veterans disabiltiy benefits attorneys to see how you can get compensated. 

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