Veteran disability Attorney in North Carolina
If The VA Turned Its Back On You, We'll Fight To Attain The Care, Dignity, And Respect You Deserve.
When applications for veterans benefits are denied or delayed, it may be very discouraging. Unfortunately, with so many rules and regulations, any minor error can lead to a denial. At Henson Fuerst, we can assist you at any step in getting the disability benefits you need. Whether you’re just getting started or have been attempting to collect benefits for years, working with a veteran’s disability lawyer provides you a better chance of getting the financial security you need.
You Fought for Our Country. You Shouldn’t Have to Fight with The VA.
We’ll Make the VA Do What’s Right by You.
Are You Eligible For Veterans Benefits?
Veterans disability benefits are available to injured service members and their families. The kind of benefits you and your family are eligible for depends on the nature of your injuries, your income, and other factors.
The Department of Veterans Affairs (VA) offers benefits to:
- Injured Veterans. You may be entitled to veterans disability benefits if you have a service-related disability and were discharged under conditions other than dishonorable. Certain veterans, such as those with severe disabilities or loss of limb(s); a spouse, children, or dependents; or a seriously disabled spouse; may be eligible for additional benefits.
- Low-income Veterans. You may be eligible for pension benefits if you have limited income, are permanently disabled, or are age 65 or older.
- Veterans Seeking Education. If you served at least 90 days of aggregate service after September 10, 2001, you might be eligible for the Post-911 GI Bill. If you are currently in the service and have served at least two years, you may qualify for the Montgomery GI Bill. If you are a separated service member, you may be eligible under other conditions.
- Veterans Seeking Housing. Generally, a VA Home Loan is available to:
- Those that were discharged after September 16, 1940, under conditions other than dishonorable
- Military personnel on active duty who has served a minimum period of service
- Certain Reservists and National Guard members
- Surviving spouses of certain deceased veterans
- Dependents and Survivors. Your family or beneficiaries may be eligible for certain benefits, such as death pension, medical care, and educational benefits. Beneficiaries and family may include your spouse, former non-remarried spouse, children, and dependents.
Types of Benefits Available to Veterans
There are several veterans benefits available to you. According to the Department of Veterans Affairs (VA), if you or your dependents meet the eligibility requirements, you may be entitled to:
- Disability Compensation. This is a benefit paid to a veteran because of injuries or diseases incurred while on active duty or made worse by active military service. It also is paid to certain veterans disabled from VA health care. The benefits are tax-free. You can use the VA’s Compensation Rate Tables to estimate your benefit.
- Pension. This is a benefit paid to wartime veterans who have limited or no income. Veterans who are seriously disabled may qualify for Aid and Attendance or Housebound benefits, which are paid in addition to the basic pension rate.
- Death Pension. Death Pension or spouse and child pension is a needs-based benefit paid to an un-remarried surviving spouse or an unmarried child of a deceased wartime veteran.
- Education.
- Post-911 GI Bill: A benefit that will pay tuition to graduate, undergraduate, and vocational/technical schools based on the highest in-state tuition charged, which is subject to where you live and what degree you are pursuing.
- Montgomery GI Bill: A monthly education benefit received after you complete a minimum service obligation.
- Home Loans. The VA “stands behind” a loan you receive from a private lender. If something goes wrong and you can’t make the payments anymore, the lending institution can come to the VA to cover any losses it might incur.
- Vocational Rehabilitation and VetSuccess. These programs assist you if you have a service-connected disability and need to prepare for, find, and keep a suitable job. If you have a service-connected disability so severe that you cannot immediately consider work, VetSuccess offers services to improve your ability to live as independently as possible.
- Life Insurance (SGLI/VGLI). Veterans Group Life Insurance (VGLI) and Servicemembers’ Group Life Insurance (SGLI) are insurance programs developed by the VA, which are designed to provide insurance benefits to veterans like you and service members who may not be able to get insurance from private companies because of the extra risks involved in military service or a service-connected disability.
Veteran's Benefits Appeals Process
Your are denied and Disagree with the decision
You send a Notice of Disagreement, a written statement for the VA explaining why you wish to appeal.
VA Sends you a statement of the case
VA document that explains the evidence, laws, and regulations used by the VA to decide your claim.
File a Substantive Appeal (VA Form 9) and Request a hearing
You and your attorney attend the hearing before a Board of Veterans Appeals' (BVA) Board Members.
VA Issues a Decision
Board Members issues a decision or remands your claim to a local VA Office for more information. If you still disagree with the decision, your attorney files an appeal with the U.S. Court of Appeals for Veterans Claims.
Disability Application Process
The first step to getting the veterans benefits you earned is filing a claim. Preparing your application with thorough and detailed information can be an advantage. The North Carolina veterans disability lawyers at HensonFuerst are here to help you gather the documents you need to apply.
When filing for benefits from the Department of Veterans Affairs (VA), you will need to document the following:
- Dependency records (marriage certificate and children’s birth certificates)
- Discharge and separation papers (DD-214 or equivalent)
- Employment history (W-2, etc.)
- Medical evidence supporting your disability (doctor and hospital records)
Once you have collected this information, you can file for benefits online at eBenefits or you can complete VA Form 21-526 and mail or take your application to the closest VA regional office. You also can call the VA at (800) 827-1000 and request that an application form be mailed to you.
Frequently Asked Questions
According to the Department of Veterans Affairs (VA), disability compensation is a tax-free benefit paid to a veteran because of injuries or diseases incurred while on active duty or that were made worse by active military service.
You can obtain a copy of your military records and replace lost medals and awards by contacting the National Archives and Records Administration (NARA). Request your records online with eVetRecs or mail or fax a completed copy of Standard Form SF-180 to:
National Personnel Records Center
Military Personnel Records
9700 Page Avenue
St. Louis, MO 63132-5100
Fax: (314) 801-9195
Yes. You can file a claim for disability benefits prior to separation from active or full-time duty through the Benefits Delivery at Discharge or Quick Start programs.
Yes. Only veterans who are considered “unemployable” are unable to work while receiving benefits. The VA will determine if you are unemployable when you apply for benefits.
Yes. Veterans benefits are not considered income. The Social Security Administration will not factor veterans benefits into your total income, which means you may still be eligible for Social Security Disability benefits.
Having the help of a North Carolina veterans disability lawyer may increase your chances of getting approved for benefits. We understand the law, and we know how to help you prepare your application and appeals paperwork.
Depending on the nature of your claim, it may take three to five months or even more than a year for your claim to be processed by the VA. Having a North Carolina veterans disability attorney on your side can expedite the time it takes the VA to process your claim.