For individuals who have previously served in the armed forces, they are entitled to receive certain disability benefits for injuries sustained during their service. However, a lot of factors can affect a person’s claim for veteran’s disability benefits. Ideally, consulting a Houston Veterans Disability Attorney is the best recourse to identify these factors and collect the benefits due to these servicemen.
Military servicemen who suffered injuries or illness during their service are entitled to receive compensation. The amount of benefits is based on a scale rating put out by the Veteran’s Administration. As the serviceman’s rating increases, his or her potential benefits payout increases as well. In addition, other incomes received by the concerned serviceman will not affect the amount of disability benefit.
Factors that affect an individual’s eligibility for Veteran’s disability benefits include bad character, drug abuse, alcohol abuse, or dishonorable discharge from service. These factors may be used to deny an otherwise qualified veteran for his or her benefits. However, some factors exist, which can mitigate it from complete exemption from these benefits. Working with a Houston Veterans Disability Attorney is a veteran’s best recourse to identify these factors to make him or her eligible for these benefits.
Dishonorable Discharge from Service
An individual who was dishonorably discharged from military service may lose his or her claim for disability benefits. However, the Veteran’s Administration may consider factors to mitigate the circumstances, allowing the said individual to qualify for disability benefits despite the dishonorable discharge. For instance, wounds received or injuries sustained during military service may qualify as mitigating circumstances to qualify an individual for disability benefits. A Houston Veterans Disability Attorney can help sort this matter.
Willful Misconduct
Willful misconduct during military service may be deemed as a ground to declare an individual ineligible to receive disability benefits. These grounds include acts such as lying under oath, failure to execute an order from a superior officer, committing fraudulent acts, or any other act constituting dishonor or bringing disgrace to the uniform. A Houston Veterans Disability Attorney can help these servicemen qualify for benefits.
Drug and Alcohol Substance Abuse
A former military serviceman may lose his or her claim for disability and other veteran’s benefits if he or she is shown to have some drug or alcohol abuse problem. Though this circumstance is a disqualifier for benefits, getting professional help to overcome substance abuse may be deemed as a mitigating factor to qualify an otherwise disqualified individual. A Houston Veterans Disability Attorney can advise these individuals to change their benefits status from disqualified to eligible.
These are just some of the factors that can have an effect on your Veteran’s disability benefits. If you should find yourself in a situation where you lose eligibility of your benefits for these or any other reason, a Houston Veterans Disability Attorney should be consulted in order to help determine the best approach to restoring your benefits.
The Houston Veterans Disability Attorneys at Brauchle Law Firm, PLLC, can help you get the benefits you need. Contact a Disability Attorney in Houston today to schedule an free initial consultation.
