If you or someone you love is a veteran who suffered a disabling injury, illness, or medical condition while serving in the U.S. military, reach out to Affleck & Gordon to learn more about applying for and receiving VA disability benefits.
Georgia Veterans’ Disability Attorneys
Fighting for Disability Compensation Pay for Veterans for 45+ Years
U.S. military servicemembers put their lives on the line for our country. Unfortunately, many become severely injured or disabled while on active duty. Others have preexisting conditions worsened due to the nature of their service.
To help support U.S. veterans who have become injured, ill, or disabled while serving in the military, the federal government established the VA disability compensation pay program.
Based in Georgia, we are one of the leading VA disability law firms in the state—and the nation. Our attorneys have earned a reputation for providing clients with a high level of personal attention, support, and care throughout the legal process.
We have built our practice on a foundation of honesty, integrity, and trust, and we are proud to assist those who have dedicated their lives to serving and protecting all Americans.
For a complimentary consultation, call Affleck & Gordon at (404) 990-3945 or contact us online.
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You Deserve Dedicated Representation At Affleck & Gordon, we are committed to providing the highest possible legal counsel. We return calls promptly, keep you up to date on your case, and will always be there for you. We do not rest until you get what you deserve.
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You Deserve Experienced Counsel With over 45 years of experience and tens of thousands of individuals helped, our team has the skill, resources, and determination to aggressively and strategically evaluate, understand and fight your claim.
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You Deserve a Thorough Team The Affleck & Gordon team is not only committed to your case, but we are committed to you. We understand that this is your life and your future, and will diligently do everything on our end to obtain a favorable decision on your behalf.
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You Deserve Financial Security Your case is important to you, and it’s important to us. It represents how you will or will not be able to take care of your basic needs, as well as those of your family, for the foreseeable future. We are committed to fighting for what you deserve.
VA disability benefits are monetary funds provided by Veterans’ Affairs (VA) to veterans who have sustained service-related injuries, illnesses, disabilities, and medical conditions. These benefits are tax-free and are provided on a monthly basis.
In addition to disability benefits, VA provides a range of services to veterans, including:
- Housing assistance, including Specially Adapted Housing (SAH) and Special Housing Adaptation (SHA) grants
- Tax-free pensions for low-income wartime veterans
- Fiduciary services
- Assisted living, nursing home placement, and at-home health care
- Education assistance
- Employment assistance through the Veteran Readiness and Employment (VR&E) program
- Aid and attendance benefits
- Housebound allowances
The purpose of VA disability benefits, specifically, is to provide cash to disabled veterans to assist with basic needs, such as food, housing, shelter, clothing, etc. While you must have a qualifying disability to receive VA disability benefits, this is not the case for many of the additional benefits and services listed above.
To be eligible for VA disability benefits, you must meet both of the following requirements:
- You are a veteran of the U.S. military and served on active duty, active duty for training, or inactive duty for training
- You have a medical condition, such as an illness or injury, that affects your physical and/or mental health to the point of being disabling
In addition to these two requirements, you must also meet at least one of the following criteria:
- You were injured or became ill while serving in the military and as a result of your service
- You had a preexisting injury or illness that was worsened by your military service
- You have a disability related to your military service that appeared after your service ended
An injury, illness, or medical condition is automatically presumed to be a disability if it is chronic and appears within one year after the individual was honorably discharged from the military.
Medical conditions are also presumed to be disabilities if they are caused by exposure to hazardous substances or materials, or if they result from time spent as a prisoner of war (POW). VA disability benefits cover both veterans and certain qualified dependents.
If an individual was dishonorably discharged, they may not qualify for VA disability benefits (with some exceptions). For more information, contact our VA disability lawyers at Affleck & Gordon and request a free consultation with a member of our team.
VA disability benefits are provided for a wide range of chronic physical and mental health conditions.
Some examples of common conditions covered by VA disability include:
- Respiratory illnesses
- Hearing damage or loss
- Cancer
- Chronic back pain
- Lung disease
- Ulcers
- Reduced range of motion
- Scarring and disfigurement
- Traumatic brain injuries
- Cognitive impairment
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
This is not an exhaustive list. If you are unsure whether your condition qualifies for VA disability benefits, we invite you to reach out to our firm today to learn more during a no-cost, no-obligation consultation. We can provide information specific to your case.
According to the U.S. Department of Veterans Affairs, as of June 2024 on average, it takes about 150 days to complete claims related to disability. However, the VA disability application process can vary in length based on the amount of medical issues claimed and other factors. Understanding the typical timeline can help set your expectations. As accredited veterans’ disability attorneys, we aim to provide you with a clear overview of the process to help you navigate it more effectively.
Initial Application Phase
It may take a few days to several weeks to complete and submit your initial application (VA Form 21-526EZ), depending on how soon you can assemble the necessary paperwork. It is also important to determine which theories of Service Connection you will pursue at this point as this will determine how the VA considers your claims.
Evidence Gathering, Review, and Development Phase
- After your application is received, it will be reviewed by the VA, who may ask for more details or arrange for Compensation & Pension (C&P) exams.
- This phase usually takes three to four months, although it may take longer if issues or difficulties are acquiring the required paperwork or making the exam appointments. With the advent of the PACT Act, the VA has received a large amount of new claims that has delayed their processing times beyond the previous average wait times.
Rating Decision Phase
- After gathering all the necessary information, the VA will review your case and make a decision regarding your disability rating.
- This phase generally takes another 2 to 3 months. If your case is expedited it can be quicker.
Notification Phase
- You will receive a rating decision letter via U.S. mail from the VA, detailing their determination and any awarded benefits.
- Receiving this notification can add a few more weeks to the overall timeline.
- If your have an accredited attorney representing you, they should have access to your electronic claims file. This could allow for quicker notification of recent decisions.
Appeals Process
- If you need to appeal a decision, it depends on what type of appeal you file
- A Supplemental Claim (Form 20-0995) or a Higher Level Review (Form 20-0996) typically take much less time than an appeal to the Board of Veterans’ Appeals (BVA)where a judge would review your case. Within an appeal to the BVA, there are several appeal lanes which can affect the timeframe. It is taking the BVA years to review appeals unless your case is expedited, or Advanced on the Docket.
In total, the VA disability application process can take anywhere from several months to several years. Various factors, such as the completeness of your initial application, the need for additional medical examinations, or additional information can influence this timeline.
As VA disability lawyers in Georgia, we recommend staying proactive and thoroughly preparing your application to help streamline the process. Affleck & Gordon can assist you in gathering the required documentation, preparing your claim, and navigating any challenges that arise, ultimately aiming to expedite your application and secure the benefits you deserve. If you need assistance, contact our experienced Georgia veterans’ disability attorneys for a consultation.
Call or complete our online form to schedule a free and confidential consultation.
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“Took care of me from day one. Knowledgeable in all areas they specialize in. Most importantly they treated me with the utmost respect. Affleck & Gordon moved me from a very difficult situation I couldn't get through on my own.”
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Affleck & Gordon won my case!
“I filed for SSDI and had to appeal, so I hired Affleck & Gordon. The attorneys talked to me with the utmost respect and treated me like I was actually someone, not just a number.”
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I could not be more grateful to the team at Affleck & Gordon.
“I would like to thank Affleck & Gordon for representing me in my SSDI case. They are professional and caring and were always available when I had questions and concerns. Even during a pandemic, they got the job done for me.”
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There are three ways to apply for VA disability:
- Online
- By mail
- In person
Filing online is recommended, as this typically results in the fastest decision on your claim. It is also advised that you work with an experienced attorney, like those at Affleck & Gordon, when filing for VA disability benefits.
An attorney from our firm can review your application and help you gather the required evidence and information before submitting your claim. Our goal is to help you avoid any mistakes that could jeopardize your claim and your benefits.
If your VA disability claim was denied, you have the right to appeal this decision.
You have three options when it comes to appealing a VA disability claim that was denied on or after February 19, 2019:
- Supplemental Claim: By requesting a supplemental claim, you have the opportunity to provide additional and/or new evidence relevant to your case. Once you have submitted this evidence, a reviewer assigned to your case will determine whether or not the new evidence changes the initial decision made on your claim. It can take anywhere from four to five months for the VA to decide on your supplemental claim, so it is important that you act quickly if you choose this option. There is no deadline for requesting a supplemental claim, but it is strongly recommended that you do so within one year of receiving notice that your VA disability claim was denied.
- Higher-Level Review: If your VA disability claim was denied, and you do not agree with this decision, you can request a review of your case by a higher-level reviewer. The senior reviewer will consider your claim and determine whether an error was made or whether there is a difference in opinion that changes the outcome of your case. You have one year from the date on which you received your decision letter informing you that your claim was denied to request a higher-level review.
- Board Appeal: If your VA disability claim was denied, you may request an appeal before the Board of Veterans’ Appeals (BVA) in Washington, D.C. This appeal will be held before a Veterans’ Law Judge (VLJ), who will carefully review your claim and determine whether an error was made or if a difference in opinion warrants a new decision on your case. Unless your claim is contested, you have one year from the date of receiving your claim denial letter to request a BVA appeal. You may not request two subsequent BVA appeals for the same denied claim.
Affleck & Gordon can help you review your options if your VA disability claim was denied. Our attorneys offer highly personalized counsel and are here to answer any questions you may have about the appeals process.
For more than 45 years, Affleck & Gordon has been an advocate for injured and disabled veterans in Georgia and nationwide. We are one of the leading VA disability law firms in the country and have a long, proven track record of success in this area of law.
As your legal counsel, we will be there to guide you through the entire process from start to finish. Our team knows how to advocate for you and protect your rights. We want to make sure you always feel confident having us by your side.
Our VA disability attorneys prioritize prompt communication and provide frequent case updates so that you always know what’s happening with your claim. Most importantly, we want to win your case. We are prepared to do everything possible to help you secure the benefits you are owed so that you can focus on moving forward with your life.
Don't wait to get started on your case. Call our office at (404) 990-3945 or contact our experienced team online.
Have Questions?
We Are Committed to Providing You Answers & Solutions-
Are VA disability benefits taxable?No, VA disability benefits are tax-free. You do not have to pay taxes on your VA disability benefits or any portion of such benefits.
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Can a family member receive VA benefits?
Sometimes, certain dependents are eligible for VA benefits. Most often, this is the case when a dependent lives with a veteran, and the veteran is unable to support the dependent financially. Surviving dependents and other family members of veterans who pass away may also be eligible for certain VA benefits, such as death compensation, death pension benefits, and more.
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Can I work and still receive VA disability benefits?
As long as you are not receiving “Total Disability Based on Individual Unemployability,” or TDIU, you can work and earn an income without any impact on your VA disability benefits. You are also permitted to work while you are applying for benefits and/or appealing a denied claim. If you are receiving TDIU, you are not permitted to obtain “substantial gainful employment,” or SGA. In other words, if you work while receiving TDIU, you could lose those benefits.
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What is the VA five-year rule?
The VA five-year rule refers to a rule that prohibits Veterans’ Affairs (VA) from reducing a veteran’s impairment rating when the current impairment rating has remained the same for at least five years. The only exception is in cases where there is substantial, continual improvement of the veteran’s condition over time.
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Can you receive VA disability benefits for the rest of your life?
When determining the amount and duration of VA disability benefits, Veterans’ Affairs assigns a claimant an impairment, or disability, rating. Veterans who are assigned an impairment rating of 100% are considered completely disabled. As such, they may also receive a “permanent and total disability” designation. When this occurs, the veteran will be eligible for VA disability benefits for the remainder of their life.
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