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Gregory D. Keenum, PA – Booneville’s Trusted VA Disability Attorney

Veteran Benefits Attorney Booneville Mississippi

Veteran Benefits Attorney Booneville Mississippi

Veterans have sacrificed for our country and deserve the benefits they have earned. Unfortunately, the VA claims process can be complex, leading to delays, denials, and frustration. At Gregory D. Keenum, PA, we help Mississippi veterans navigate the system and secure the compensation they deserve.

Understanding VA Disability Benefits

VA disability benefits provide financial and medical support to veterans suffering from service-related injuries and illnesses. To qualify, a veteran must demonstrate that their condition is connected to their military service and that it impacts their ability to work or perform daily activities. Some conditions are automatically presumed to be service-connected, while others require extensive medical evidence and legal advocacy to establish a link.

The VA assigns disability ratings based on the severity of a veteran’s condition, which determines the level of compensation they receive. A higher rating provides greater financial support and access to additional VA healthcare services. Veterans have the right to appeal their rating if they believe it does not accurately reflect their level of disability.

VA disability ratings range from 0% to 100%, in increments of 10%. Even a low rating may entitle a veteran to healthcare and other benefits. Higher ratings can significantly increase monthly compensation and eligibility for additional programs. In some cases, veterans may qualify for Total Disability based on Individual Unemployability (TDIU), which allows them to receive benefits at the 100% rate even if their combined rating is lower.

Understanding how the VA evaluates disability claims is crucial. The VA relies heavily on medical evidence, such as service treatment records and post-service medical reports, as well as C&P exams. Errors or inconsistencies in these assessments can lead to unfairly low ratings or denial of claims. Legal assistance can help ensure that the VA applies proper standards and considers all relevant information fully.

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Presumptive Conditions and Special Eligibility Rules

Certain conditions are considered “presumptive,” meaning the VA assumes they are related to military service without requiring the veteran to provide proof of a direct connection. These assumptions often apply to veterans who served in specific locations, during certain time periods, or who were exposed to hazardous substances. Providing documentation of these presumptive conditions can greatly simplify the claims process.

Examples include conditions related to exposure to Agent Orange, Gulf War illnesses, exposure to burn pits, and certain chronic diseases that develop within a specified time after discharge. Veterans may also qualify for presumptive service connection based on their prisoner-of-war status or specific combat-related experiences. An attorney can help veterans determine whether they qualify under these special rules and ensure that their claim is filed correctly.

Common Service-Connected Conditions

Many veterans suffer from physical and mental health conditions related to their military service. Some of the most common VA disability claims include:

  • Traumatic Brain Injuries (TBI): Head injuries caused by explosions, combat, or accidents can lead to long-term cognitive and physical impairments.
  • Post-Traumatic Stress Disorder (PTSD): Exposure to combat, military sexual trauma, or other traumatic events can result in severe psychological distress, anxiety, and depression.
  • Back and Joint Injuries: The physical demands of military service, including carrying heavy equipment and repetitive stress, can cause chronic pain and mobility issues.
  • Hearing Loss and Tinnitus: Exposure to loud machinery, gunfire, and explosions can result in permanent hearing damage.
  • Burn Pit Exposure: Veterans exposed to toxic burn pits during deployments may develop respiratory diseases, cancers, and other serious health conditions.
  • Camp Lejeune Contamination: Veterans and their families who lived or served at Camp Lejeune between 1953 and 1987 may be eligible for compensation due to toxic water exposure.
  • Military Sexual Trauma (MST): Veterans who experienced sexual assault or harassment during service may develop PTSD and other psychological conditions that qualify for benefits.

In addition to these conditions, veterans often suffer from sleep apnea, migraines, cardiovascular problems, gastrointestinal issues, and autoimmune disorders that are linked to stress related to military service or environmental exposure. Many veterans have multiple conditions that can interact with each other, increasing the overall severity of their disability. Proper documentation of secondary conditions – those caused or made worse by an existing service-connected disability – can significantly increase a veteran’s combined rating.

Mental health conditions, in particular, are often underestimated or misunderstood by the Veterans Administration (VA). Veterans may have difficulty describing symptoms or providing evidence, especially if service records are incomplete or missing. Legal assistance can help with gathering statements from witnesses, expert opinions, and relevant documentation to support these claims.

The VA Claims Process

Filing a VA disability claim involves submitting medical records, service records, and other supporting documentation to prove eligibility. The VA may require additional medical evaluations, and in many cases, initial claims are denied due to insufficient evidence or procedural errors. Veterans have the right to appeal a denied claim or request an increase in their disability rating if their condition worsens over time.

The appeals process can be lengthy and requires gathering additional evidence, attending hearings, and presenting a strong legal argument. An experienced veteran benefits attorney can assist in preparing appeals, securing expert medical opinions, and ensuring that all deadlines and procedural requirements are met.

There are several options for appealing a denial, depending on the specific circumstances. These include higher-level review, supplemental claims, and appeals to the Board of Veterans’ Appeals. Each of these options has different requirements, deadlines, and considerations that should be taken into account. Choosing the wrong path for an appeal can lead to unnecessary delays or the loss of benefits.

Veterans should also be aware that missed deadlines can permanently affect their right to appeal. The VA system is strict when it comes to timeliness, and even strong cases can fail due to procedural errors. An attorney can help ensure that all filings are accurate, submitted on time, and supported by strong evidence.

VA Benefits Beyond Disability Compensation

In addition to disability compensation, veterans may also be eligible for various other VA benefits. These include VA healthcare, pension benefits for low-income veterans, survivor benefits for spouses and dependents, educational assistance, and housing support. Each program has specific eligibility criteria and application procedures.

Surviving spouses and dependents of veterans who have died from service-related conditions may be eligible for Dependency and Indemnity Compensation (DIC). Families may also be eligible for accrued benefits and burial benefits. During a time of loss, navigating these claims can be challenging, and legal assistance can help ensure that families receive the benefits they deserve.

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Contact Us for Help with Your VA Benefits

Navigating the VA system can be frustrating, but you don’t have to do it alone. Gregory D. Keenum, PA is dedicated to helping Mississippi veterans secure the benefits they deserve. Whether you need to file a claim, appeal a denial, or prove a service-related condition, we are here to help. Contact us today to schedule a consultation.

Common Veteran Benefits FAQs

How does the VA determine my disability rating?

The VA assigns a disability rating (0% to 100% in 10% increments) based on the severity of your service-connected condition and how much it impairs your earning capacity and daily life. This rating is established using medical evidence and the VA’s Schedule for Rating Disabilities.

What conditions are “presumed” to be service-connected?

The VA presumes certain disabilities are service-connected for veterans with specific service locations, time periods, or exposures. Common examples include chronic conditions appearing within one year of discharge, certain illnesses tied to Agent Orange or burn pit exposure, and mental health conditions for former prisoners of war.

My initial claim was denied. What are my appeal options?

If your claim is denied, you can file an appeal. The process begins with filing a Notice of Disagreement (NOD). You may then choose to have a Higher-Level Review, submit a Supplemental Claim with new evidence, or appeal directly to the Board of Veterans’ Appeals. An attorney can help you choose the best path.

What is the difference between a VA disability claim and a lawsuit?

A VA disability claim is an administrative process for obtaining benefits from the Department of Veterans Affairs. It is not a lawsuit against the military or the government. The process involves proving a service connection to the VA, not proving negligence in a court of law.

How can an attorney help with my VA claim?

An attorney specializing in VA benefits can gather crucial medical and service evidence, secure independent medical opinions, ensure proper filing procedures, and build a strong legal argument for service connection. They are especially valuable during the complex appeals process if your claim is denied or underrated.

Are there benefits for conditions that appear years after service?

Yes. Many service-related conditions, like PTSD, certain cancers, or musculoskeletal issues, may not become disabling until years after discharge. You can still file a claim by obtaining a medical nexus letter—a statement from a doctor linking your current condition to an event, injury, or exposure during your service.

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