North Carolina VA Disability Lawyer
Many veterans in North Carolina, apply for VA disability benefits only to face frustrating denials or receive disability ratings that don’t reflect the severity of their conditions. If this has happened to you and you’d like to know your options, contact us for a 100% Free Consultation to learn how we can help you move forward.
At Hardison & Cochran, we focus on appealing denied VA disability claims and helping veterans seek a higher disability rating when their condition has worsened or was underrated. We also help with VA Pension Benefit claims that have been denied.
Our VA disability team understands the VA system and can help challenge unfair denials, incorrect ratings, and other mistakes that prevent disabled veterans from getting the maximum benefits they may be entitled to receive.
What are Compensation Benefits?
Compensation benefits are benefits paid to veterans by the U.S. Department of Veterans Affairs to compensate for ongoing physical or mental injuries that began or were made worse in connection with service in the United States Armed Services.
Do I Qualify for Compensation Benefits?
You may be entitled to veteran’s compensation benefits if all of the following apply to you:
- You are a veteran of a branch of the United States Armed Services.
- You are currently suffering from a physical or mental impairment.
- Your impairment began while you were on active duty OR the impairment was aggravated while you were on active duty.
- You were discharged under conditions other than dishonorable.
How Much Would I Be Entitled To?
Veterans’ compensation benefits are paid based on the percentage of disability caused by one or more impairments. Percentages of impairments range from 0% to 100% in increments of 10. Not all impairments carry the full range of percentage of disability. As your percentage of disability increases, the amount of your monthly benefit increases also. If you have more than one impairment and each impairment has a separate percentage, these will be combined for a total percentage of impairment, they are not simply added together.
If the Veterans Administration determines that you have 100% disability or that you are unemployable, you will be entitled to the current maximum benefit rate.
How Do I Apply for VA Disability Benefits?
To apply for VA benefits, you’ll need to complete VA Form 21-526EZ. You can submit your application in one of two ways:
- Online using the VA’s secure application portal, or
- By mail after printing and filling out the form.
If you apply for and are eligible for both VA Disability Benefits and VA Pension Benefits, the VA will pay you whichever is the greater amount.
Applying online is usually faster and allows you to track your claim status. Our firm does not assist with new applications. If you go through the application process and are denied, or if you believe your disability rating is too low, we welcome you to contact us to explore your options.
Why Are VA Disability Claims Denied?
The VA denies many claims, often for reasons that can be challenged on appeal. Common reasons for denials include:
- Lack of sufficient medical evidence linking a condition to military service
- VA errors in evaluating medical records or applying regulations
- Failure to submit required documentation or attend a VA exam
- Incorrect disability rating assignments
If your claim was denied, our North Carolina VA disability lawyers can evaluate your case and build a strong appeal to help you fight for your benefits.
How Can a VA Disability Lawyer Help with an Appeal?
Filing a VA disability appeal is a complicated process, and mistakes can cost veterans months or even years of benefits. An experienced VA disability attorney can take the burden off your shoulders by:
- Reviewing your denial letter and identifying errors
- Gathering supporting medical and service records
- Building a strong legal case for your appeal
- Handling all VA paperwork and deadlines
- Choosing the best appeals option—whether a Supplemental Claim, Higher-Level Review, or Board Appeal
You pay nothing upfront to get the appeal started. We only get paid if we win your appeal and secure back pay for you.
Other than attending any required exams, you won’t have to deal directly with the VA—we’ll handle everything on your behalf.
If you do hire our firm, it is very important that your contact information is updated, so our attorney can contact you when needed. It’s equally important that you provide your attorney with any documentation needed to build the strongest possible appeal.
What Is the Difference Between VA Disability Benefits and VA Pension Benefits?
Both are monthly benefits provided by the Department of Veterans Affairs, but they serve different purposes and have different eligibility criteria. Below is a breakdown of each:
VA Disability Compensation
This benefit is for veterans with service-connected injuries or illnesses, whether physical or mental, that were caused or made worse by their military service.
To qualify, a veteran must:
- Have served in the U.S. military with a discharge status other than dishonorable
- Have a current physical or mental condition linked to military service
- Be able to provide evidence of service connection, such as medical records or personal statements
- No income requirements apply
VA Pension Benefits
This is a needs-based benefit for wartime veterans with limited income and assets. It supports veterans who are either elderly or permanently disabled from non-service-connected conditions.
To qualify, a veteran must:
- Have served during a recognized period of war
- Have a discharge status other than dishonorable
- Meet income and asset limits set by the VA
- Be age 65 or older, or meet one of the following:
- Have a permanent and total disability
- Be a patient in a nursing home for long-term care due to a disability
- Be receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI)
Can I Appeal My VA Disability Rating?
Yes. If you believe the VA assigned a rating that is too low or set the wrong effective date, you have the right to appeal. However, you must appeal within one year of your decision letter. Our veterans benefits lawyers can help you through the appeals process, including submitting new and relevant evidence if needed.
How Does the VA Calculate Disability Payments?
VA assigns disability ratings from 0% to 100%, based on the severity of the condition. If a veteran has multiple service-connected disabilities, the VA uses a combined ratings table to determine their overall rating.
Your monthly benefit amount is based on this rating, with additional benefits available for dependents if your rating is 30% or higher.
Will I Receive Back Pay for VA Disability Benefits?
Yes, if your appeal is successful, you may receive back pay covering the time between your original application date and the date the VA approves your benefits.
The amount depends on:
- The date your condition became eligible for benefits
- The date you originally applied
- How long your appeal took to resolve
Can the VA Reduce My Benefits?
Possibly. The VA may re-evaluate your condition if they believe it has improved. However, they must follow strict legal guidelines before lowering or terminating your veterans disability benefits.
You may receive a Disability Notice of Reexamination letter from the Department of Veteran’s Affairs. After this exam, your rating may increase, stay the same, or be lowered.
If you receive this letter and you’re worried about your rating being lowered, contact an experienced VA disability attorney to learn more about the process.
Get Help from a VA Disability Lawyer in North Carolina
After selflessly serving our country, you deserve the care and support you have earned. If your VA disability claim was denied or you received a lower rating than expected, Hardison & Cochran is here to help. Our law firm focuses on appeals, so if you’ve already applied and were denied, we can fight for your benefits. Contact us today for a free consultation, and let us help you pursue the full benefits you deserve.
