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Wagner Law
Wagner Law

There are a number of potential veterans benefits available, and different requirements for different benefits. I mainly deal in the area of veterans improved pension planning and disability benefits. There are certain requirements that a veteran, their spouse, or dependent has to meet in order to qualify for the benefits.

Let’s Talk A Little Bit More About The Improved Pension Benefits That You Specialize In. What Is Your Goal, Or What Can You Do For Your Clients In That Particular Area?

The goal is to get a veteran or their spouse qualified for the VA improved pension. It’s an additional income source that, if qualified, is available. What I do is sit down with my clients and take a look at what we need to do to get them qualified. If feasible, we’d figure out how we would go about doing that. Again, there are certain requirements that need to be met, and I help facilitate the veteran or their spouse go through that process.

The benefit is a tax-free monthly income. The rates are different for veterans and their spouse. There is also another benefit tied to the improved pension, which is called Aid and Attendance Or Housebound, which can add even more income and provide more to the veteran or their spouse.

What Benefits Are Available To Family Members Of Veterans?

A spouse can be entitled to a pension, such as Aid and Attendance. Depending on the circumstance, they could also be entitled to a benefit called Dependency and Indemnity Compensation, which is available to a spouse or the surviving children if their parent or spouse died in the line of duty, or as a result of service- connected injuries or diseases. There are a number of other potential benefits, such as educational benefits that might be available to children. But, I mostly assist my clients with pension planning and disability benefits.

When It Comes To Disability Benefits, What Are Some Of The Main Criteria That The Government Is Looking At When Determining Who Is Eligible And How Long They Would Be Eligible To Receive Benefits?

To be eligible for veterans disability benefits, the individual must be a veteran of the United States military. They must have served on active duty, and then, they must have a service-connected injury or disease. Those are the kind of the entryway guidelines into the VA disability benefits world.

Are VA Disability Benefit Claims Often Denied? If So, What Are The Most Common Reasons That They’re Denied?

The process for a veteran to qualify for disability benefits can often be onerous. The most common reason that I see for denials is lack of service connection in supporting evidence of the injury itself. Generally speaking, veterans just aren’t aware of the numerous different disabilities or injuries that are compensated by the VA. And so, it’s an educational process of understanding what injuries or diseases might be affecting your life. Again, getting all the evidence to meet the VA’s requirements to show service connection and aggravation or the injury that occurred while in service is crucial.

What Can Be Done If My Veterans Disability Claim Is Denied?

If your veterans disability claim is denied, you can elect for a higher level review. The veteran can also appeal to the Board of Veterans Appeals (BVA).

If The Appeal Is Still Denied, Are There Any Further Steps Or Higher Steps I Can Take To Receive My Veterans Disability Benefits?

If your claim is denied, you have one year to file a notice of disagreement. Then, you can select the type of appeal that you’re going to make. You can choose between a decision review officer or the Board of Veterans Appeals. If the decision review officer denies your claim, you can still appeal to the Board of Veterans Appeals. If you request a BVA appeal, the VA will prepare a summary of a decision, and if there is clear and unmistakable error in the decision, you can ask the board to vacate or reconsider its decision if they deny your appeal. Or, as the last stop, you can file an appeal with the US Court of Appeals for Veterans Claims within a 120 days of the board’s decision.

Do Most Veterans Attempt To Handle Their Disability Claim Rejections Or Denials On Their Own? Why Is It So Critical That I Need An Attorney Who Has That Specific Experience?

A lot of my clients come to me after they’re frustrated and worn out after dealing with the VA. I think a lot of veterans try to take it on themselves. But, veterans need to know that having an experienced attorney on their side can be the difference between getting an approved decision of disability or not. Therefore, it’s very beneficial for the veteran to have an attorney that knows not only what the requirements are, but what kind of evidence we need to maximize the probability that the claim is going to get approved the first time. If a veteran’s been denied a claim that they feel they’re entitled to, an attorney that has this kind of subject matter expertise might see very quickly the reasons for the denial, and find a way to get that claim approved for the veteran.

For more information on Veterans’ Benefits Law In Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 800-2548 today.

Brandon Wagner

Call Now To Schedule A Complimentary
15-minute Phone Consultation (248) 800-2548