While benefits are available for Veterans who have service-related injuries or illnesses, many Vets struggle to claim those benefits. The process can be confusing and medical evidence that connects to your service is essential.
Veterans Disability Compensation is a full-time practice area at the Quatrini Law Group. Michael V. Quatrini, Esq., and Erika N. Dowd, Esq., are accredited by the U.S. Department of Veterans‘ Affairs (VA) to represent Veterans of the armed services who suffer from service-connected disabilities or diseases.
Understanding Veterans’ Disability Compensation
Veterans’ Disability Compensation is a monthly, tax-free benefit for service members whose illness or disease was contracted as a result of or made worse by their active duty. Once the application is complete, it is submitted to a local VA office for review. The local office issues a “Rating Decision” as to whether the claim is (1) service connected, and if so, (2) the percentage of disability assigned to the injury. That rating determines how much your benefits will be.
Who May Qualify for VA Disability Benefits
Veterans’ Disability Compensation is available to members of the armed services who suffer physical or psychological injuries or diseases while on active duty. This includes injuries or diseases that were made worse by active duty military service. The amount of monthly benefits depends on the degree of disability, and additional benefits — like payments for being unemployed due to your condition — are payable in certain instances.
Applying for Benefits
Your application must outline the injuries and detail the connection between the injuries and the particular service-related event. This application can be submitted directly through the VA.
Appealing a Rating Decision
If the local VA office either denies the claim or assigns a low or zero percentage of disability to the condition(s), the claim can be appealed. An appeal must be filed within one year of the initial decision.
Supplemental Claim
You may resubmit your claim but must include new and relevant evidence the VA did not have when making its first determination.
Higher-level Review
You can request to have a “senior reviewer” look over your application and provide another decision. The downside of this option is that you cannot provide new evidence.
Board Appeal
With a board appeal, a Veterans Law Judge with the Board of Veterans’ Appeals will look over your complete file and make a new and independent decision. There are three possible requests that can be made when asking for a board appeal, including the option for a hearing.
TDIU (Total Disability Based On Individual Unemployability)
Where the Veteran cannot work due to their service-connected disabilities, they can apply for individual unemployability (TDIU — total disability based on individual unemployability) which would compensate them at the 100% disability rating level.
Given our decades of experience in utilizing treating physicians, independent medical examinations and vocational experts to obtain fully favorable awards for clients in the Social Security Disability process, Quatrini Law Group has a unique edge in handing TDIU claims for Veterans with diverse employment backgrounds.
VA Disability Ratings and Benefit Levels
The VA bases your monthly payment on your Disability rating, which is adjusted annually. The higher your disability rating, the more compensation you are entitled to. If your rating is 30% or above, you may also be eligible for additional benefits if you have a dependent spouse, parent or child(ren).
VA Presumptive Conditions
Some conditions, depending on the dates and locations of active duty, are eligible for “presumptive” status, meaning that the VA process presumes that active-duty service caused these conditions. It is then up to the VA to disprove the connection.
Agent Orange–Related Conditions
During the Vietnam War, U.S. military forces used herbicides in Vietnam and Laos to remove forest cover, destroy crops, and clear vegetation from the perimeters of U.S. bases. This effort lasted from 1962 to 1971. Since that time, the VA has determined that a positive association exists between exposure to Agent Orange and the subsequent development of several conditions.
Camp LeJeune-Related Conditions
The VA has acknowledged that veterans serving at Camp LeJeune, N.C., between 1953 and 1987 were exposed, through the water supply, to industrial solvents, benzene, and other chemicals. Since that time, the VA has determined that a positive association exists between exposure to herbicides and the subsequent development of several conditions.
Gulf War Presumptions
The VA has determined that certain cancers and illnesses will be assumed to have a service-related connection for Gulf War and Post-9/11 veterans. This lowers the burden of proof for veterans to receive benefits and gives them access to free health care for their condition.
Burn Pit Exposure
Veterans who served in Iraq, Afghanistan, and other areas of the Southwest Asia theater of military operations; were exposed to open-air combustion of trash and other waste in burn pits; and developed certain cancers or illnesses, can apply for benefits.
PFAS (Perfluoroalkyl and polyfluoroalkyl substances) Related Conditions
PFAs are found in aqueous film forming foam; AFFF, which the Department of Defense used to fight fuel fires. Currently, there are no presumptions related to PFAS exposure in the military. However, Veterans may file a claim for disability compensation for health problems they believe are related to exposure to chemicals during military service. VA decides these claims on a case-by-case basis.
TCE (Trichloroethylene) Related Conditions
Trichloroethylene (TCE) is a common ingredient in industrial degreasers and cleaners and used by the military to clean equipment, weapons, and vehicles in the motor pool. A TCE-related illness may be a presumptive condition or you may have to submit medical evidence. We can help you navigate your application.
What to Do If Your VA Disability Claim Is Denied
If your VA Disability Claim is denied or you were assigned a low rating, you may be able to appeal. An appeal must be filed within one year. The VA provides three review options: Supplemental Claims, Higher-Level Review, and Board Appeal.
How Quatrini Law Group Helps Veterans With Disability Claims
Our VA-accredited attorneys have achieved success at every step of the process – Decision Review Officer/High Level Review, Supplemental Claim, Board of Veterans Appeals, and the Court of Appeals for Veterans Claims.
Meet Our Veterans’ Disability Attorneys
Michael V. Quatrini | (724) 552-2757
Erika N. Dowd | (724) 217-8274
Veterans’ Disability Case Results
We have helped many Veterans secure benefits or appeal a rating to increase their benefits. Below is just a small sample of some of our recent cases.
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Disability Rating Increased to 100% After Appeal
QLG represented a Veteran who received a Rating Decision from VA Regional Office granting benefits for a heart condition, but assigned an incorrect disability percentage. After filing a Supplemental Claim appeal and working with his treating cardiologist to complete a Disability Benefits Questionnaire ( DBQ ), the VA assigned a 100% scheduler rating for the Veteran’s coronary artery disease post coronary artery bypass graft with ventricular arrhythmias. As a bonus, the VA granted a permanent and total rating, ensuring that the Veteran would receive the benefit into the future without an additional examination.
Secured 70% rating for PTSD and 100% payment for TDIU benefits
Quatrini Law Group proudly represented an Army Veteran who applied for, but was denied, service-connected disability benefits for an acquired psychiatric disorder to include post-traumatic stress disorder (PTSD). The Veteran also applied for total disability based on individual unemployability (TDIU) benefits because their psychiatric condition prevented them from working. After meeting with the client, we prepared and filed a Notice of Disagreement challenging the denial of both benefits. Prior to re-adjudication of the claim, our office obtained and submitted updated treatment records, along with a Disability Benefit Questionnaire which confirmed that our client’s condition was “more likely than not” related to his military service. Following a review by a Decision Review Officer, our client was awarded a 70% rating for his acquired psychiatric disorder along with an escalation to full 100% disability payment for TDIU benefits because he was unable to work on a full or part time basis due to his service connected disability benefits, all of which resulted in over two years of retroactive disability payments.
Related Legal Services
Frequently Asked Questions About Veterans’ Disability Benefits
What qualifies as a service-connected disability?
A service-related disability is a condition the VA recognizes as caused or worsened by your military service. It can be an injury, illness, or exposure (like Agent Orange or burn pits) that occurred in or is linked to active duty.
What is a VA disability rating?
A VA Disability Rating is a percentage (0–100%, in 10% increments) that the VA assigns based on how severe your service-connected condition is. It determines your monthly compensation amount. You can have multiple ratings combined into one overall rating.
Can I appeal a VA decision?
Yes. If you disagree with a VA decision, you have three options: request a Higher-Level Review, submit a Supplemental Claim with new evidence, or appeal to the Board of Veterans’ Appeals. You generally have one year from the decision to act.
Do I need an accredited attorney for my VA claim?
An attorney is not required, but if you hire someone to help with your claim, they must be VA-accredited.
Speak With a Veterans’ Disability Lawyer in Pennsylvania
As with all of our work at the Quatrini Law Group, we offer a free consultation to review your VA claim. We want to help you decide which claims are ready to appeal, and which appeal options may be right for you. Please contact our office at 1-888-534-6016 or email us to schedule your free telephone, video or in-person appointment.