Garner Veterans Disability Lawyer
A letter from the U.S. Department of Veterans Affairs (VA) denying your claim, or a rating that does not reflect the severity of your condition, can leave you unsure what to do next. At Riddle & Riddle Injury Lawyers, we help veterans in Garner and across southern Wake County pursue the VA disability benefits they earned through their service, whether the claim is new, denied, or under appeal. When you contact our Garner veterans disability lawyers, we can review the VA’s decision and explain the options that may still be available.
Why Choose Our Garner Veterans Disability Lawyers?
Veterans who call us after a denial often have questions about what a lawyer will cost and whether anyone will keep them updated. With Riddle & Riddle Injury Lawyers, your consultation is free and carries no obligation. You also do not have to worry about attorney fees unless we obtain VA disability benefits for you.
We are a family-run firm that has served North Carolina since 1985. Our North Carolina veterans disability lawyers assign a dedicated legal team to each case to ensure you receive clear, consistent updates throughout your case. Our team also includes bilingual attorneys and staff. You can get started by phone, email, text, or video, with no in-person meeting required.
For veterans who prefer to meet face to face, our Garner office at 500 Benson Rd., Suite 111, is available for client meetings by appointment only.
What Veterans Say About Working With Us
Hearing from other veterans can give you a better idea of what working with our team may look like. Solomon Drawhorn compared our team to the people he served beside in his Google review:
They had my back just like my fellow soldiers in the military. I received 100% disability.
–Joseph P., Riddle & Riddle client
You can also read our client testimonials to hear directly from other clients about their experiences with Riddle & Riddle Injury Lawyers.
What Does the VA Need to See to Connect Your Condition to Service?
To establish service connection, you generally need evidence connecting your condition to your military service. Under the VA’s eligibility rules, the evidence may show that an injury or illness began during service or that your service aggravated a preexisting condition.
The VA weighs your service records, medical records, and statements from a spouse, friend, or someone you served with who saw the condition develop. For many local veterans, treatment records from the Garner VA Clinic on Benson Road may be part of that medical evidence, as the clinic serves veterans across Wake County.
Claims can involve physical or mental health conditions. Hearing loss and tinnitus are common conditions that may be linked to noise exposure from weapons, aircraft, or heavy equipment during service.
What Can You Do If the VA Denies Your Claim?
A denial letter can feel final, but you may still have options to challenge the denial. Under the VA’s decision review rules, you generally have three routes to choose from:
- Supplemental claim: You submit new and relevant evidence, such as a medical opinion, at any time.
- Higher-level review: A senior reviewer reviews the same evidence. You generally must request this option within one year of the decision notice.
- Board appeal: The Board of Veterans’ Appeals reviews the claim. You generally must request this option within one year of the decision notice.
Only one of these options can be pending on the same issue at a time. Our veterans disability lawyers in Garner start by reading your decision letter to understand why the claim was denied and which route may address the gap in the evidence.
Why Acting Within One Year Can Protect Your Back Pay
Timing affects more than whether the VA will review your claim again. It can also affect how much back pay you may receive. If you continue to pursue the issue by filing a supplemental claim, a higher-level review, or a Board appeal within one year of each decision, you may preserve an earlier effective date.
Missing that window has a real cost. A supplemental claim filed more than one year after the decision generally cannot receive an effective date earlier than the date the VA receives the new claim. If you have been pursuing benefits for several years, that difference could mean losing months or years of past-due benefits.
Free Case Review
If you’ve been injured due to someone else’s negligence, you shouldn’t have to carry the burden alone. Riddle & Riddle provides the support you need to seek a fair outcome.
What if Your Rating Is Low but You Can Not Keep Working?
You may qualify for Total Disability Based on Individual Unemployability (TDIU) if your service-connected conditions prevent you from maintaining substantially gainful employment. TDIU allows the VA to pay benefits at the 100% disability rate even when your combined disability rating is lower. The VA generally looks for one of two rating patterns:
- One condition: A single service-connected disability is rated at 60% or more.
- Two or more conditions: At least one disability is rated at 40% or more, with a combined rating of 70% or more.
Even if your ratings fall below disability rating thresholds, you may still qualify for TDIU in some circumstances. A rating increase may also be an option if one of your service-connected conditions has worsened since your last decision. A Garner veterans benefits lawyer can help you gather current medical evidence and determine which option may apply to your situation.
Frequently Asked Questions About VA Disability Benefits
When Can a Lawyer Start Charging a Fee on a VA Claim?
VA rules generally allow a VA-accredited attorney to charge fees for representation after the VA issues its initial decision on a claim. Under the VA’s attorney fee rules, the fee agreement must be in writing and signed by both you and the attorney. Fees of 20% or less of past-due benefits are generally presumed reasonable, although higher fees may be permitted in some circumstances.
Can You Receive VA Disability and Social Security Disability at the Same Time?
You may qualify for both VA disability compensation and Social Security Disability Insurance (SSDI). These are separate programs with different eligibility requirements, and you must apply for each separately.
The main difference between SSDI and VA disability is what you must prove to qualify. VA disability requires a condition connected to your military service and can provide compensation based on a partial disability rating. SSDI generally requires a qualifying disability that prevents you from working at a substantial level.
Does My Disability Have to Come From Combat?
Combat service is not required. When reviewing your claim, the VA considers the places, types, and circumstances of your service. An injury during a training exercise can qualify, as can a back injury from a vehicle accident on duty or an illness that first appeared while you were serving. The key is having evidence linking your condition to your service, not whether it occurred in a combat zone.
Talk With a Garner Veterans Disability Lawyer Today
You do not have to determine the next step in your VA disability claim on your own. Our Garner veterans disability lawyers can review your decision letter, identify what may be missing from your claim, and help you pursue the review option or additional benefits that fit your circumstances.
Call 919-205-8942 or reach our team online to set up a call, a video meeting, or an appointment at our Garner office.