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Veterans Disability Lawyer in Tampa, FL

Our veterans have dedicated their lives to serving our country and should never have to feel like their military service was in vain. If you need assistance with getting a VA claim approved, contact a veterans disability lawyer from the Tampa office of Rob Levine Law.

Find out what your case is worth.

Our Tampa Veterans Disability Lawyers Are Prepared to Help

A veteran who served in the military and satisfies certain requirements may be eligible to receive an array of VA benefits. This system of support is administered by the U.S. Department of Veterans Affairs (VA) and may benefit both the veteran and their immediate family, including their dependent children.

The VA helps provide veterans with jobs, medical care, and other resources for a better life. One of VA’s major goals is providing veterans with monthly financial support due to the impact of service-related medical disabilities. However, the process of obtaining VA disability benefits can be difficult due to complex VA regulations. To get a better idea of your potential benefits, you can use our VA rating calculator to estimate your combined VA disability rating.

Rob Levine’s passion for assisting veterans has been fueled by his years spent in the Rhode Island Army National Guard. If you need help navigating the claims process or appealing a denial, our law firm is here to ensure you receive the maximum support available.

The Inner Workings of VA

Depending on your specific needs as a veteran, you may be directed to one of the three main subdivisions of the VA for assistance.

  1. The Veterans Benefits Administration (VBA) works somewhat like the Social Security department for veterans. They determine which benefits a certain veteran may be entitled to, such as disability, loans, further education, and more.
  2. For benefits regarding health and medical needs, both physical and psychological, there is the Veterans Health Administration (VHA).
  3. The National Cemetery Administration assists with the proper burial of a deceased veteran, in addition to handling maintenance of cemeteries that are dedicated to veterans.

The ABA Initiative For VA

The American Bar Association has partnered with the VA to help veterans hire lawyers to assist in completing their benefit claims. This helps avoid any veteran being put on the back burner.

Understanding VA Disability Ratings

Filing a VA disability claim requires the presence of an illness, injury, or diagnosis that you believe is related to your military service. If you have more than one service-related condition, you will receive a combined disability rating from the VA, which is calculated using a whole person method rather than simple addition. Depending on the number and severity of your service-connected conditions, you can have a combined disability rating of any percentage, rounded to the nearest 10%, up to 100% disability rating.

What Does the VA Claim Process Look Like?

Much like disability claims, there are several steps a veteran must take to fight for the tax-free benefits they deserve. They are as follows:

  1. Submit the initial application to a Regional Office.
  2. If your benefits were denied or you are dissatisfied with the outcome, we turn to the Board of Veterans Appeals or file an appeal at the Regional Office.
  3. If your benefits were still denied or you are dissatisfied with the outcome, we turn to the US Court of Appeals for Veterans Claims.
  4. If your benefits were still denied, we will turn to the US Court of Appeals for the Federal Circuit.
  5. If your benefits were still denied, we might even turn to the Supreme Court (in extreme cases).

These steps can seem intimidating, and a veteran’s best option may be hiring a Tampa veterans disability lawyer to handle their claim. An attorney who is experienced in this area has a full understanding of the process and knows the best ways to get a VA claim approved.

FAQs About Your VA Disability Claim

Can I receive VA disability compensation and continue to work?

In the Social Security disability system, to receive benefits, the standard is, “you are not capable of any form of gainful employment.” That means that your illness or injury prevents you from working at all. Unlike Social Security Disability, you can work while receiving VA disability compensation. Your VA disability benefits are based on how your service-connected conditions impact your ability to work.

However, some veteran service members are unable to find and keep employment. In those cases, they may qualify for Total Disability Due to Individual Unemployability (TDIU), which allows eligible veterans to receive compensation at the 100% disability rate because their service-connected disabilities prevent them from maintaining substantially gainful employment. TDIU may be granted even if the veteran’s combined disability rating is less than 100%. Veterans must fill out an application and provide supporting paperwork, such as medical evidence, employment information, and support statements, to be considered for TDIU by the Department of Veterans Affairs.

Social Security Disability Insurance (SSDI) does not have a barrier to net worth or income provisions. Regardless of the home, the vehicle you own, or investments you’ve made, or alimony or pension from previous employment, this would not prohibit you from receiving SSDI. Similarly, this would not prohibit you from qualifying and receiving VA disability benefits. Even if you were to qualify for a 100% TDIU rating, you would still qualify for SSDI benefits either under the SSDI guidelines or the VA Disability guidelines.

The average length of time to adjudicate any claim or appeal depends on many factors, including the type of appeal or claim, the Regional Office, the number of disabilities to decide, any necessary development, and the overall complexity of the case. Disability claims in the VA’s legacy appeal system can take years. In contrast, the VA has set the following timeliness goal for adjudicating AMA appeals:

  • Supplemental Claims: within 125 days
  • Higher Level Review: within 125 days
  • Board of Veterans Appeals – Direct Review Docket: within 365 days
  • Board of Veterans Appeals – Evidence and Hearing Docket: over 365 days

No, the VA does not require you to hire a lawyer for your appeal. However, remember that the VA unfairly denied your benefits. Statistics show that veterans with representation receive more benefits, faster. The Veterans Disability attorneys at Rob Levine Law know the law as well as the ins and outs of the VA system. When you combine an experienced, knowledgeable Veterans Disability attorney with a veteran who can assist by explaining the details of the facts of a case, there is no better team to help you get the disability benefits that you deserve.

Yes, if there are mitigating circumstances (like mental illness or TBI) that explain the conduct that resulted in the less-than-honorable discharge. These types of cases can often last years without an experienced representative who can overcome VA’s negative assessment of your military discharge. Learn more about the Character of Discharge Determination process.

An effective attorney who represents veterans regularly can put you in a position to win your appeal the first time around, saving you years of disappointment and frustration. Veterans claims often get caught in an endless cycle of denial, appeal, remand, denial. An experienced attorney can effectively present the law and the facts to the VA the first time around, which in many instances gets veterans their disability benefits faster. When you choose our dedicated team of experts at Rob Levine Law to represent you, we take an all-hands-on-deck approach, to win your case. As part of our proven process, our team will:

  • File your appeal with the VA;
  • Construct a personalized evidence development plan tailored to each claim, including medical evidence and medical records;
  • Perform cutting-edge service record and medical research;
  • Draft a comprehensive legal brief in support of your appeal; and
  • Routinely follow up with you to provide an update on the status of your case.

Many veterans are unaware that hundreds of domestic installations have been flagged for environmental hazards. You can use an interactive VA domestic military base exposure map to search for specific locations and see a detailed list of known contaminants, such as PFAS, heavy metals, or radiation, that were present during your military service. This may be important not only for your VA benefits, but also for any of your dependent children who may have specific birth defects because of your exposure. Dependent children may qualify for medical care, monthly allowances, and vocational training if they are diagnosed with covered conditions that resulted from a parent’s exposure.

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Office Location

Tampa, FL

9340 N 56th St Unit 222f, Tampa, FL 33617

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