If you are a veteran who has suffered a service-related illness or injury and are having trouble claiming your benefits, Quatrini Law Group may be able to help you. We have attorneys who are accredited by the U.S. Department of Veterans Affairs (VA) to represent Veterans of the armed services.
We have helped veterans from Pittsburgh who have been denied or believe their disability rating is inaccurate. Applying on your own can be frustrating and time consuming. Having a skilled lawyer on your side who can show the medical and service-related evidence could mean a higher rating and more benefits.
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 your local Pittsburgh 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
Any Veteran who suffered a physical or mental disability while on active duty or who developed a physical or mental disability due to their service, is eligible to apply for benefits. If you are unsure if your illness is related to your service but suspect that it is, you can contact us for a free case review.
Applying for Benefits
To apply for benefits, you must submit an application to the VA that outlines your injuries and details the relationship to your service. If you are approved, the VA will assign a rating between 1 – 100%, generally in 10% increments.
Appealing a Rating Decision
If your application is denied, or you are assigned a low rating, you have one year to appeal that decision.
Supplemental Claim
When you appeal and resubmit your claim, you must include new and relevant evidence to the VA that was not in your initial application.
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)
TDIU — total disability based on individual unemployability – compensates at the 100% level. This designation is for vets who are completely unable to work in any capacity.
VA Disability Ratings and Benefit Levels
Once the VA assigns you a rating (1 – 100%), your monthly benefit is based on that rating. The higher the rating, the higher the benefits. Ratings are adjusted annually. 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
The VA provides three review options: Supplemental Claims, Higher-Level Review, and Board Appeal (outlined above). You have one year to appeal. If you are denied or assigned a low rating, we can give you a free case review to determine if you should appeal and which option is best for you.
How Quatrini Law Group Helps Veterans With Disability Claims
Our Pittsburgh Veterans Disability lawyers have had success at every type of appeal: Decision Review Officer/High Level Review, Supplemental Claim, Board of Veterans Appeals, and the Court of Appeals for Veterans Claims. We understand what type of evidence and medical support the VA is looking for and can present your case in a way that clearly outlines the severity of your service-related injury or illness.
Meet Our Veterans Disability Attorneys
Michael V. Quatrini | (724) 552-2757
Erika N. Dowd | (724) 217-8274
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FAQs About Veterans Disability Benefits in Pittsburgh
Do I have to use an attorney for my VA disability claim?
No, you do not have to use an attorney to apply for Veterans disability. There are free Veterans Service Organizations (VSOs) who can assist you and many of our clients do their initial application on their own or through a VSO. However, if you are denied or are given a low rating, you may want to engage a VA-accredited attorney. They have a lot of experience and may be more successful in proving the severity of your disability; establishing secondary conditions; and may have access to internal VA systems, speeding the process up.
What does it cost to have an attorney help me with my VA Disability Claim?
By law, VA-accredited attorneys cannot charge fees for assisting with an initial disability application. If you are appealing, your case is handled on a contingent basis, meaning your attorney will get a percentage (often 20%) of retro-awarded back pay. If you lose your appeal, there is no cost to you.
My buddy recommended an attorney from a different state. Do I have to use a Pennsylvania attorney?
You do not have to use a PA attorney for your Veterans Disability case, as all VA claims are federal. But using a local firm, such as Quatrini Law Group has distinct advantages. We can meet with you in-person at our Pittsburgh office or even come to you. We have a large network of local healthcare providers who can help provide medical evidence of your service-related illness. We’ll be able to get to know you, which helps us better represent you.
Speak With a Veterans Disability Lawyer in Pittsburgh
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 contact us to schedule your free telephone, video or in-person appointment.