Veterans Disability Benefits| Whitcomb Selinsky, PC

Do You Have a Service-Related Injury?

The Department of Veterans Affairs (VA) manages several benefits and services for veterans and their family members or dependents. There are many benefits available to those who have served our nation. One of these benefits includes disability compensation.

Injuries can and often do happen during military service. Some injuries or illnesses are minor with no lasting effects, while others have consequences impacting you and your family for the rest of your life. If you have a service-related injury, illness, or condition, or a preexisting condition worsened by active duty or service, you may qualify for disability compensation through the VA.

We are Veterans Who Fought for Our VA Benefits

Our legal team at Rocky Mountain Disability Law Group is uniquely qualified to assist you in obtaining the veteran benefits you deserve. Our VA disability legal team is comprised entirely of veterans, and we have first-hand experience with the VA claims process. We understand the complexities of the appeals and eligibility process because we have been through it ourselves.

At Rocky Mountain Disability Law Group, our disability claim experts can assist you with collecting the necessary information needed for your claim. We will examine your medical information and factor in all conditions relating to your disability to help you receive the highest rating possible. If your claim was denied, we can assist in appealing your case before the VA.

How Do I Qualify for VA Disability Benefits?

Specific severe disabilities or conditions may be eligible for additional special monthly compensation (SMC). To be considered for VA disability compensation, you must meet the following essential criteria:

Supplemental Claim
Higher-Level Review
Board of Veterans Appeals (BVA)

Compensation for your veteran disability claims is typically dependent on the rating system. Therefore, you will first need to obtain your disability rating. This rating and other factors will determine your monthly disability compensation and other healthcare benefits.

Based on the severity of the service-connected condition, the VA assigns a rating from 0 percent to 100 percent. If you have more than one disability, the VA uses a combined disability rating system.

If you are still not sure if you qualify for VA compensation benefits, call our VA specialists at
(866) 476-4558 or complete the form below to schedule a FREE consultation.

We will help you determine eligibility.

Why Was My VA Claim Denied?

Claims are denied for various reasons, but usually, the VA denies them because you failed to establish all three elements of service connection.

There are several ways to appeal this decision:

Supplemental Claim
Higher-Level Review
Board of Veterans Appeals (BVA)

Our VA disability legal team is comprised entirely of veterans, and we have first-hand experience with the VA claims process. We know what you are going through because we’ve been where you are.

We will help you navigate through the appeal process and select the best appeal route for your case. We will also help you identify, gather, and submit favorable evidence. It is our responsibility to know the legal protocol and present your case with the utmost professional standards. We are your advocates throughout the entire process.

If you have a current disability that was caused by or made worse during your military service, contact us. At Rocky Mountain Disability Law Group, our dedicated team of veteran disability benefits professionals will partner with you throughout the appeal process. We stand by your side, so you do not have to do it alone.

Can I Appeal My Denied VA Claim?

Why was my VA claim denied?

With high denial rates and lengthy decision letters, many veterans end up frustrated and disheartened after pursuing the benefits they earned. Claims are denied for various reasons, but usually, the VA denies them because you need to establish all three elements of service connection. If your Veterans Affairs (VA) disability claim has been denied and you are not receiving disability payments, you may feel like that is the end. But do not let the VA have the final say. You have a right to appeal the VA’s decision.

How do I appeal my denied claim?

There are several ways to appeal this decision:

Supplemental Claim
Higher-Level Review
Board of Veterans Appeals (BVA)

We will help you navigate the appeal process and select the best appeal route for your case. We will also be able to help you identify, gather, and submit favorable evidence. We know the legal protocol and will be sure to present your case with the utmost professional standards.

What if my service-related disability interferes with my job?
What is Total Disability Individual Unemployability (TDIU)?
TDIU enables veterans to be compensated at a rating of 100 percent, even if their total service-connected rating does not add up to 100 percent. To be eligible, you must meet specific requirements, including:
- The veteran has one service-connected disability rated at 60 percent or more.
- The veteran has two or more disabilities with one disability rated at 40 percent or more, with a combined rating of 70 percent or more.

How do veteran disability ratings work?

Based on the severity of the service-connected condition, the Department of Veterans Affairs (VA) assigns a rating from 0 percent to 100 percent, typically in 10 percent increments.

If you have more than one disability, the VA uses a combined disability rating system that does not follow "normal" math. Instead of adding your disability ratings, VA math factors a single rating into the percent you are considered “able.”
If I have multiple conditions, how is my disability rating calculated?
You have the following service-connected disability ratings:
- 30 percent rating for a neck injury
- 20 percent rating for a right knee injury
Based on these ratings, you would assume your combined rating would be 30 + 20 = 50 percent

However, the combined rating math does not simply add all of the ratings together to calculate your total disability. Instead, the VA racks and stacks the disabilities in descending order. In this example, disabilities are ranked 30 percent and 20 percent. The combined disability math is:

30 percent rating:

100 (the initial baseline for all Veterans) x 0.3 = 30
- 100 - 30 = 70
- 70 is your new baseline
20 percent rating:
- 70 x 0.2 = 14
- 70 - 14 = 56
Final combined disability rating:
- 100 - 56 = 44
- The disability rating is 40 percent
VA Disability Calculator

Not Sure if You Qualify for VA Disability Benefits?

Certain severe disabilities or conditions may be eligible for additional special monthly compensation (SMC).

At Rocky Mountain Disability Law Group, our disability claim experts can assist you with collecting the necessary information needed for your claim. If your initial claim was denied, we can assist in appealing your case before the VA.

To be considered for VA disability compensation, you must meet the following basic criteria:

Criteria 1: Current diagnosis or limitation.

Criteria 2: In-service event, incident, or symptom onset.

Criteria 3: A link between the two (a.k.a. the nexus)

If you are still not sure if you qualify for VA compensation benefits, call our VA specialists at

(866) 476-4558 or complete the form below to schedule a FREE consultation.

5 min read

District Court Denies Social Security Disability Claim

Jan 17, 2020 by Whitcomb, Selinsky, PC Staff

Ms. Norma Jean Garza filed suit against the Social Security Administration in the federal District Court of New Mexico...

3 min read

Common Reasons for SSDI Denial

Jul 19, 2017 by Joe Whitcomb

Each year, millions of individuals file for Social Security Disability Insurance (SSDI) and other types of disability...

2 min read

Do I need a Mental Consultative Examination for SSDI Benefits?

Jul 14, 2017 by Joe Whitcomb

Some individuals who seek to obtain Social Security Disability Insurance (SSDI) benefits are required by the Social...

With more than 100 years of combined military service and legal experience, the diverse team of litigators have settled successful cases, often against formidable odds and high stakes.

Locations

Colorado
2000 South Colorado Blvd.
Tower #1 Suite 9500
Denver, CO 80222
(303)-647-1045 (local)
(303)-534-1958 (local)

Virginia
910 Littlepage St. Suite A
Fredericksburg, VA 22401
(804)-773-4699 (local)
(804)-773-4699 (fax)

Attorneys

Staff

BLOGS & LEGAL INSIGHTS:

WEBINARS

VIDEO LIBRARY

ADDITIONAL RESOURCES

VETERANS DISABILITY BENEFITS ATTORNEYS

Helping you obtain the veteran benefits you deserve.

Great Day Colorado interview with Rocky Mountain Disability Group Senior Attorney Ken Enright on VA disability benefits and appealing claim denials.

Do You Have a Service-Related Injury?

We are Veterans Who Fought for Our VA Benefits

How Do I Qualify for VA Disability Benefits?

If you are still not sure if you qualify for VA compensation benefits, call our VA specialists at (866) 476-4558 or complete the form below to schedule a FREE consultation.We will help you determine eligibility.

Why Was My VA Claim Denied?

Can I Appeal My Denied VA Claim?

Why was my VA claim denied?

How do I appeal my denied claim?

Common Veterans Disability Benefits FAQs

What if my service-related disability interferes with my job?

What is Total Disability Individual Unemployability (TDIU)?

How do veteran disability ratings work?

If I have multiple conditions, how is my disability rating calculated?

Not Sure if You Qualify for VA Disability Benefits?

To be considered for VA disability compensation, you must meet the following basic criteria:

(866) 476-4558 or complete the form below to schedule a FREE consultation.

Meet Your Veterans Disability Benefits Legal Team

Founder and President

Senior Attorney

Claims Advocate – Veterans Disability

Claims Advocate – Veterans Disability

3 EASY STEPS

Get Started in

3 EASY STEPS

Request Your Free Consultation Today

Or Call (866) 433-4116

Veterans Disability Resources