For a veteran to recover disability benefits from the VA, their claim must show that they meet the three prongs required to obtain VA disability benefits. First, the veteran must meet VA’s definition of a veteran for purposes of disability compensation. This includes both a minimum period of service, which may vary depending on when the veteran served, as well as a discharge other than Dishonorable.

Second, demonstrating the existence of a current disability is key to submitting a successful claim. Many veterans may be vague or list incomplete information when filing their claim, which only makes it easier for VA to simply dismiss and reject your claim. When filing your VA application, list complete names, and body parts for each disability that you are seeking entitlement for.
Finally, tell VA why your condition is related to service. If you expect VA to figure this out through their so-called “duty to assist,” you will be more likely to receive a denial than if you provide a complete list of medical records and have your doctor provide documentation, including a medical nexus letter, in support of your claim.

If you choose to have our firm represent you with your VA disability claim, we will conduct your initial consultation to determine the validity of your appeal, guide you through the claims process and answer questions as they arise, complete and file all va forms and requests for appeals with the proper office, handle all contact with the department of veterans affairs, help obtain necessary evidence and medical records to substantiate your claim, prepare and submit analyses of all evidence related to the claim, keep you informed of case status every step of the way.

Military veterans who become disabled during their service can collect disability benefits from the Social Security Administration (SSA) and U.S. Department of Veterans Affairs (VA), and it is possible for some to collect these benefits at the same time.

The two federal agencies have different processes and rules for determining eligibility and setting payments, and getting VA disability benefits doesn't necessarily mean you'll qualify for SSDI. Just because you are injured and cannot work does not mean you automatically qualify for SSDI benefits.

The Social Security Administration bases eligibility for disability benefits on whether your condition is severe enough to prevent you from doing most paid work for at least a year or is likely to result in your death. By the SSA's lights, you are either disabled or you're not. The reality is that approximately two-thirds of all initial SSDI claims are denied, with appeals denied at an even higher rate.

Social Security disability benefits can be complicated to pursue on your own. The good news is that hiring an attorney to help you navigate the SSDI process can significantly improve your chances of obtaining the benefits you need. For example, an attorney can help you gather the necessary medical evidence and put forth a compelling appeal that meets all of the SSDI regulations and timelines.

At Patrick Donohue Law we understand that obtaining public benefits under the SSDI programs is crucial for those who are coping with disabilities. We are dedicated to protecting the rights of the disabled, and helping them obtain the benefits they deserve. If you or a loved one is seeking disability benefits, we will work closely with you throughout the entire process and make sure that your rights are protected.