Veterans Disability

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    Veterans (VA) Disability Claims Lawyer in Mississippi

    If you are a military veteran with an injury or illness related to your years of active duty service, you may be eligible for monthly, tax-free disability benefits through the United States Department of Veterans Affairs, commonly referred to simply as the VA. Worsening of a preexisting medical condition also can qualify for veterans disability benefits.

    You do not need to be totally disabled to get VA disability benefits as you do with Social Security disability. If you have a service-related medical condition, you owe it to yourself and your family to pursue the disability benefits available through the VA.

    Taking care of the men and women who served and protected our country should be a simple, straightforward process. Instead, it can be confusing and daunting, but it need not be that way. A VA disability lawyer at Muse Disability Services guides you through each step of the process, whether you’re applying for VA disability benefits for the first time, requesting a reevaluation of your disability rating, or appealing a denial of a claim for benefits.

    Eligibility Requirements Needed for VA Disability

    The absolute basic requirement of eligibility for VA disability is full-time active service in at least one of the following branches of the United States military:

    • Army
    • Navy
    • Marines
    • Air Force
    • Coast Guard
    • Space Force

    You must have received an honorable discharge, but leaving the service under other conditions will not disqualify you, provided you did not receive a dishonorable discharge.

    The military service requirement can also be satisfied in a variety of other ways, including service in the reserves or in the National Guard if activated by the president. A VA disability lawyer at Muse Disability Services will help you determine if you meet the military service requirement.

    Types of Benefits Available

    A disabled veteran has several benefit programs available from the Department of Veterans Affairs, including:

    • Service-connected disability compensation: You probably know this benefit program by its common name, “VA Disability.” You must have suffered a debilitating illness or injury related to your military service, or you had a preexisting condition that was aggravated by your time in the military.
    • Concurrent Retirement and Disability Payments: The CRDP program pays retirement and disability benefits to disabled veterans who retire after at least 20 years of service and a service-connected disability rating of at least 50%.
    • Combat-related Special Compensation: The CRSP program was designed specifically for combat veterans who retired with at least 20 years of service or received a medical discharge. You must have a service-connected disability that is related to time in combat and a disability rating of at least 10%.

    Some types of medical conditions have been identified either by federal laws or regulations as service-connected. These conditions are referred to by the VA as presumptive conditions.

    Qualifying for VA Disability Benefits

    You must have medical records proving a connection between your military service and your disability to be successful with a claim for benefits. When you fill out VA Form 21-526, which is the VA benefits application, you must attach supporting medical and other evidence to prove your entitlement to disability benefits.

    If your official service records are not accurate, you may submit medical records and other evidence to prove that you meet the eligibility requirements for VA benefits. A Muse Disability Services representative can assist you in identifying the evidence needed to prove a strong claim for benefits.

    A few of the physical and mental health conditions that may qualify for VA disability benefits include:

    • Cancers caused by exposure to toxic substances
    • Lung conditions following exposure to toxic airborne substances
    • Hearing loss
    • Chronic back pain or range of motion limitations
    • Anxiety and depression
    • Post-traumatic stress disorder
    • Traumatic brain injury

    The VA uses a rating system to evaluate a claimant’s disability level. The VA evaluates the medical evidence and assigns a percentage rating based on its determination of the severity of a claimant’s disability. The ratings range from zero to 100 percent stated in 10% increments.

    Muse Disability Services: Disability Representatives Veterans can trust and Depend on

    You served your country; now Muse Disability Services wants to help you get the veterans disability benefits that you deserve. From assisting with applications to skillful advocacy in the appeals process, Muse Disability Services is available to help veterans in Mississippi, Tennessee, Missouri, Arkansas, Illinois, Virginia, Kentucky, North Carolina, South Carolina, Georgia, Florida, Alabama, Louisiana, and Texas.

    Frequently Asked Questions

    How will the VA evaluate my disability claim?

    Claims for VA disability benefits generally include an examination by a medical or mental health professional at a local VA medical center. The exam is conducted on behalf of the VA, so there is no cost to you.

    The purpose of the examination is to determine the extent of your disability and its connection to service in the military. The results are used in connection with the process of evaluating your claim.

    Is my monthly disability benefit based on my pay while in the service?

    No, the compensation you receive each month as a VA disability benefit is determined based on your disability rating and number of dependents. The minimum disability rating needed to receive disability benefits is 10%.

    Are VA disability benefits taxable?

    No, you do not pay income taxes on money received as VA disability benefits. Some states offer additional money-saving benefits to disabled veterans. For example, the Commonwealth of Virginia provides disabled veterans exemptions on payment of real property taxes and personal property taxes when registering a motor vehicle.

    What can I do if I believe my disability rating is too low?

    The VA disability rating may have accurately reflected the extent of your disability when you were originally evaluated, but things can change over time. If you believe your level of disability has increased, Muse Disability Services can help. You’ll need medical records showing a worsening of your medical condition to submit to the VA to have it order a new medical or mental health evaluation.

    Do I have any recourse if my claim for VA disability benefits is denied?

    The VA disability lawyers at Muse Disability Services can challenge a denial of benefits through an appeal process to help you get the benefits that you deserve and are entitled to receive.