Veterans Disability Attorney Pennsylvania

For far too many servicemembers, the sacrifices that they make during military service don’t end with active duty. Veterans may return home with combat-related injuries, illnesses caused by hazardous exposures, hearing problems, PTSD, or other disabling conditions connected to their military service. In these circumstances, you may be eligible for disability compensation and other benefits from the U.S. Department of Veterans Affairs (VA).

Getting the disability benefits that you are entitled to under the law isn’t always simple or straightforward. A VA claim may be denied for insufficient evidence, the VA may issue a lower disability rating than warranted, or the VA may request additional evidence. For veterans who are already dealing with a serious physical or mental health condition, navigating these requirements and the federal government bureaucracy can be overwhelming.

At Metzger Wickersham, our Pennsylvania veterans disability attorneys help veterans understand their legal options when they encounter problems with VA disability benefits. Whether you are challenging a denial of benefits, seeking a higher disability rating, or trying to understand what benefits may be available to you, our legal team can help you understand the process and your rights. Contact Metzger Wickersham to schedule a free initial consultation with a skilled Pennsylvania veterans disability lawyer.

What Are VA Disability Benefits?

VA disability compensation is intended to provide financial support to veterans who have a physical or mental health condition related to their military service. Eligible veterans may receive monthly, tax-free compensation based on the severity of their service-connected disabilities.

VA disability benefits can address a broad range of conditions. A veteran may also qualify for other programs depending on their circumstances, including:

• VA medical care
• Special Monthly Compensation (SMC)
• Total Disability Based on Individual Unemployability (TDIU)
• Adaptive housing assistance
• Automobile and adaptive equipment benefits
• Vocational rehabilitation and employment programs
• Dependency and Indemnity Compensation (DIC) for qualifying survivors

Determining eligibility for VA disability and other benefits is not always as simple as getting a diagnosis. The VA considers the nature of the condition, the veteran’s military history, available medical evidence, and the relationship between the disability and service.

During the initial filing of a VA disability claim, an attorney cannot charge a veteran to represent them. However, veterans can still seek legal guidance about their circumstances and what evidence they might need to support their claim. Our Pennsylvania veterans disability benefits lawyers offer free consultations to veterans to help them better understand their legal rights and potential options.

When Does a Veteran Qualify for Disability Compensation?

A successful disability claim needs to establish two main things. First, the veteran must have a current disabling condition. Second, that condition must be connected to their military service.

• A Current Physical or Mental Health Condition: A veteran must have evidence of a current medical or psychological condition. This could include a physical injury, chronic disease (such as from exposure to toxic chemicals), mental health disorder, or another condition that affects their health and/or functioning. 
• A Connection to Military Service: The next issue is whether military service caused, contributed to, or aggravated the condition. The timing of the diagnosis does not necessarily determine whether a condition is service-connected. Some problems become apparent while a person is serving, while others may develop or worsen after discharge. The circumstances behind a disability can vary significantly from one veteran to another. Potential examples include:
• Injuries sustained during combat
• Accidents during military training
• Vehicle crashes
• Repeated exposure to excessive noise
• Contact with hazardous substances
• Burn pit exposure
• Environmental hazards
• Repetitive physical activity  
• Military sexual trauma

Medical evidence can be particularly important when establishing the relationship between a current condition and military service. This connection is commonly called a medical “nexus.”

A medical professional may provide an opinion explaining why the veteran’s current condition is related to events or circumstances that occurred during their military service. The strength and relevance of the available evidence can become especially important when the VA disputes service connection. Our PA veterans disability attorneys can help you understand what evidence you may need to support your claim for compensation.

Conditions That May Qualify for VA Disability Benefits

Veterans may seek compensation for many different types of service-connected disabilities. The conditions involved often depend on the veteran’s military occupation, assignments, deployments, injuries, and exposures. Some of the more common conditions that lead to VA disability benefits include:

• Back, Neck, Joint, and Other Orthopedic Problems: Military personnel frequently perform strenuous physical tasks. Lifting equipment, carrying heavy loads, running, repetitive movements, and physically demanding training can contribute to injuries or chronic musculoskeletal problems. Veterans may seek disability benefits for conditions affecting the 
  • Back
  • Neck
  • Knees
  • Shoulders
  • Hips
  • Joints
  • Muscles

Arthritis, degenerative joint conditions, and chronic pain may also affect veterans long after their military careers have ended. In some circumstances, a condition that began as a relatively minor service-related problem can become more limiting over time.

• Hearing Loss and Tinnitus: Military environments can expose service members to extremely loud sounds. Aircraft, weapons, explosions, machinery, and other equipment can contribute to permanent hearing damage. Hearing loss and tinnitus are frequently associated with military service. Veterans experiencing ringing, buzzing, diminished hearing, or other lasting auditory problems may want to determine whether their condition could qualify for VA compensation.
• PTSD and Other Mental Health Conditions: The effects of military service are not always physical. Veterans may experience psychological conditions after combat, traumatic events, military sexual trauma, or other difficult experiences. PTSD can involve symptoms such as:
  • Persistent anxiety
  • Depression
  • Nightmares
  • Flashbacks
  • Panic
  • Irritability
  • Emotional detachment
  • Hypervigilance
  • Problems with personal relationships

Mental health conditions can also interfere with a veteran’s ability to maintain employment or perform ordinary daily activities. Because these disabilities may not be outwardly visible, documenting their symptoms and functional effects can be particularly important.

• Traumatic Brain Injuries: A traumatic brain injury (TBI) can result from a blast, fall, collision, combat event, or other incident. The effects may be temporary or long-lasting. Possible symptoms include:
  • Problems with memory
  • Difficulty concentrating
  • Headaches
  • Dizziness
  • Changes in mood
  • Cognitive difficulties

A veteran’s symptoms may continue long after the original injury, making it important to document both the injury itself and its ongoing effects.

• Conditions Associated with Toxic Exposure: Exposure to hazardous substances has affected veterans from different eras and branches of military service. Potential sources of exposure include Agent Orange, burn pits, asbestos, radiation, industrial chemicals, and contaminated drinking water. Changes in federal law have expanded presumptive eligibility for certain conditions associated with toxic exposures. Depending on the circumstances, these rules may affect the evidence a veteran needs to establish entitlement to benefits. 

Building Strong Evidence for a VA Disability Claim

A VA disability claim should not be treated as a paperwork exercise. The evidence submitted with a claim can make an important difference in how the VA evaluates the veteran’s condition and its relationship to military service. Potentially useful records may include:

• Service treatment records
• Military personnel files
• VA medical records
• Records from private doctors and other medical providers
• Diagnostic studies and test results
• Medical opinions
• Employment documentation
• Written statements from family members, friends, coworkers, or others familiar with the veteran’s limitations

These records can help to create a clearer picture of what happened during military service, what medical or mental health conditions developed as a result, and how those conditions affect the veteran today. Although attorneys generally do not represent veterans during the initial claim process, a consultation with a Pennsylvania veterans benefits lawyer can help you understand what types of documentation and evidence may be relevant for your claim.

Why Does the VA Deny Disability Claims?

Receiving a denial can be discouraging, particularly when a veteran knows that a medical condition is connected to military service. However, a denial of an initial VA disability claim does not necessarily mean that a veteran has no path forward.

The VA may deny a claim for several reasons, including:

• The medical evidence does not sufficiently establish the disability.
• The evidence does not demonstrate a connection between the disability and military service.
• A VA examination does not show adequate evidence of the veteran’s condition.
• The record lacks a persuasive nexus opinion.
• The veteran missed required deadlines.
• Information on the application was incomplete or inaccurate.

Understanding the specific reason for the denial is an important first step in determining what to do next. Depending on the circumstances, additional evidence or a different review process may provide an opportunity to challenge the decision.

What Happens After the VA Makes a Decision?

The VA issues a Rating Decision after reviewing a disability claim. This decision explains the VA’s determination regarding service connection, the disability percentage assigned to each recognized condition, and the effective date associated with benefits (when applicable). The outcome may be favorable, unfavorable, or a combination of both.  

For example, the VA could:

• Grant or deny a service connection
• Assign a lower disability rating than the veteran believes is appropriate
• Approve some claimed conditions while denying others

You should not assume that an approved claim means that the VA has evaluated everything correctly. The assigned percentage can have a substantial effect on the amount of compensation a veteran receives. Reviewing the decision carefully can help identify whether additional action may be appropriate, such as filing an appeal.

A veteran may be eligible for benefits but still receive a disability rating that does not adequately account for the severity of their condition(s). VA disability ratings range from 0% to 100%. The percentage assigned to a condition is based on the VA’s rating criteria and the symptoms and limitations associated with the disability.

For veterans with multiple service-connected conditions, the VA also determines a combined disability rating. Compensation can vary depending on that combined rating and other factors, including qualifying dependents. 

A veteran may have grounds to pursue a higher rating if:

• The original rating did not accurately reflect the severity of the condition.
• Their symptoms have become more severe.
• Their condition creates more functional limitations than the VA recognized.
• Relevant medical evidence was overlooked.
• Their circumstances have materially changed.

An increased rating can potentially result in greater monthly compensation, making it worthwhile to examine a rating decision carefully. Our Pennsylvania veterans disability lawyers can help you decide if it makes sense to contest your disability rating based on the facts of your case.

Can I Appeal a VA Disability Denial?

Veterans have several possible ways to challenge an unfavorable VA decision. The appropriate option depends on the circumstances of the case and the evidence available. You may be able to pursue one of several options:

1. Supplemental Claim: A Supplemental Claim may be appropriate when new and relevant information is available. Examples can include newly obtained medical evidence, additional treatment records, updated testing, or military records that were not previously considered.
2. Higher-Level Review: A Higher-Level Review allows a more experienced VA adjudicator to examine the existing record. This process can be used when a veteran believes that the original decision involved a factual or legal error. Because a Higher-Level Review involves the existing record rather than the submission of new evidence, understanding the basis of the original decision is important before choosing this option.
3. Board of Veterans’ Appeals: A veteran may also seek review by the Board of Veterans’ Appeals. Depending on the circumstances, the appeal may involve direct review, additional evidence, or a hearing before a Veterans Law Judge. Each option has different procedural requirements and deadlines. Choosing the wrong review path or failing to take timely action can complicate an appeal.

Contact Metzger Wickersham Today for a Free Consultation 

After serving your country in the Army, Navy, Air Force, Marines, Coast Guard, or Reserves, you may be entitled to certain benefits. This includes disability benefits if you have a service-connected physical or mental health condition. If you are having difficulties obtaining disability benefits for your military service, you deserve to understand your legal options.

Whether the VA denied your claim, assigned a rating you believe is too low, or you are considering an appeal, Metzger Wickersham can help. Our Pennsylvania veterans disability attorneys are committed to helping veterans and their families navigate difficult legal challenges. Call us today at 717-921-9501 or fill out our online contact form to schedule a free initial consultation with a member of our legal team.