Veteran Disability Lawyers Proudly Serving Veterans in Orlando & Throughout Florida

The veterans’ benefits attorneys at Colling Gilbert Wright are committed to helping veterans receive the benefits they deserve. The VA’s motto is “To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors.” The VA stands firm in its dedication to supporting those who served our country—and so do we.

The application process for VA benefits is complex and requires extensive documentation, often becoming a daunting task for veterans and their families. However, VA programs offer crucial financial assistance for those suffering from service-related injuries or disabilities.

At Colling Gilbert Wright, we believe in the right to secure a stable future after service. We strive to assist veterans and their families in receiving the support they need. With integrity, empathy, and a firm commitment to justice, our veteran disability lawyers are ready to guide you through the process.

Reach out today for a thoughtful and thorough assessment of your claim. Contact us online or call (407) 712-7300 for a FREE consultation. Our VA benefits lawyers proudly serve our neighbors throughout Orlando, Florida, and the U.S., and we humbly thank you for your service.

“With malice toward none, with charity for all,
with firmness in the right as God gives us to see the right,
let us strive on to finish the work we are in,
to bind up the nation’s wounds,
to care for him who shall have borne the battle
and for his widow, and his orphan,
to do all which may achieve and cherish
a just and lasting peace among ourselves and with all nations.”

-Abraham Lincoln, March 4, 1865

Disabled veteran sits with veterans' benefits attorney. | Colling Gilbert Wright

Benefits Provided By the VA
VA Disability Compensation Levels
What Conditions Qualify for 100% VA Disability?
Special Monthly Pension
How Do I Win a VA Disability Claim?
What Are 5 Reasons a Claim May Be Denied?
VA Disability Appeals
Why Should I Hire a Veterans’ Disability Lawyer?
What Does a Veterans’ Benefits Attorney Do?
Can Colling Gilbert Wright Handle Claims Denials?

Benefits Provided By the VA

The major benefits provided by the VA are vital lifelines that support veterans and their families, acknowledging the immense sacrifices made in service to our nation. From financial assistance to rehabilitation services, these benefits aim to ease the burdens faced after active duty and foster stability in post-military life.

Compensation Benefits

For veterans with service-connected disabilities, these benefits cover essential medical costs and daily living expenses, providing much-needed relief for injuries or illnesses sustained during service.

Pension

Wartime veterans with non-service-connected disabilities can receive pension benefits based on financial need, ensuring that no one who served is left behind.

Burial Benefits

The VA provides assistance for dignified burials to honorably discharged veterans, including funeral expenses and memorial markers commemorating their bravery and service.

Rehabilitation Assistance

The VA offers career counseling, vocational rehabilitation, and educational assistance to empower veterans in their transition to civilian life.

Home Loans

VA-backed home loans provide favorable terms, making homeownership accessible and secure, reducing barriers for those who’ve served.

Insurance

Life insurance programs tailored for disabled veterans offer indispensable peace of mind, safeguarding the future of loved ones.

These benefits are imperative, but understanding and accessing them can be challenging. With unwavering empathy and dedication, the veteran disability lawyers at Colling Gilbert Wright will stand by your side, helping you navigate these programs to ensure you receive the full recognition and support you deserve.

VA Disability Compensation Levels

The VA disability compensation system is designed to provide financial support to veterans who have sustained injuries or illnesses directly related to their military service. These benefits are key in helping veterans manage the ongoing challenges that arise from their service-connected disabilities.

For veterans who are evaluated with a disability rating between 10% and 20%, the compensation is structured to reflect the degree of disability and its impact on their ability to work. Below is a breakdown of the monthly payments assigned to these ratings:

Disability rating: 10% — Monthly payment: $171.23
Disability rating: 20% — Monthly payment: $338.49

Basic Monthly Rates for 30–60% Disability Rating

Dependent Status	30% Disability Rating ($)	40% Disability Rating ($)	50% Disability Rating ($)	60% Disability Rating ($)
————–	————–	————–	————–	————–
Veteran Alone	524.31	755.28	1,075.16	1,361.88

With Spouse (No Children)	586.31	838.28	1,179.16	1,486.88

Veteran w/ 1 Child (No Spouse)	565.31	810.28	1,144.16	1,444.88

Veteran w/ 1 Child & Spouse	632.31	899.28	1,255.16	1,577.88

Basic Monthly Rates for 70–100% Disability Rating

Dependent Status	70% Disability Rating ($)	80% Disability Rating ($)	90% Disability Rating ($)	100% Disability Rating ($)
————–	————–	————–	————–	————–
Veteran Alone	1,1716.28	1,995.01	2,241.91	3,737.85

With Spouse (No Children)	1,861.28	2,161.01	2,428.91	3,946.25

Veteran w/ 1 Child (No Spouse)	1,813.28	2,106.01	2,366.91	3,877.22

Veteran w/ 1 Child & Spouse	1,968.28	2,283.01	2,565.91	4,098.87

At Colling Gilbert Wright, our VA benefits lawyers are deeply committed to ensuring veterans receive every benefit they deserve. We offer guidance and compassionate support, simplifying the process and advocating on your behalf every step of the way.

If you’re uncertain about your disability rating or how to proceed with a claim, contact us today. We’re here to help you secure the support you need to move forward.

What Conditions Qualify for 100% VA Disability?

To qualify for 100% VA disability, veterans must demonstrate that their conditions are either totally disabling or significantly impact their ability to function independently. Examples include:

Service-connected mental health conditions (like PTSD or major depressive disorder)
Severe physical injuries (loss of limbs, paralysis, loss of sight, etc.)
Chronic illnesses (ALS or cancer)
Impairments affecting mobility or cognitive function

If you’re uncertain about your condition’s eligibility, Colling Gilbert Wright can provide clarity and support.

Special Monthly Pension

Often overlooked, the non-service connected pension benefits or Special Monthly Pension (SMP) can be a vital lifeline for those in need. SMP provides support through low-income pensions, housebound benefits, and aid & attendance benefits. These valuable resources extend to veterans, their widows, and dependent children.

To qualify for SMP, a veteran or deceased veteran must have:

Active Duty Service: Served 90 consecutive days on active duty, with at least one day during wartime. Wartime periods include:
- World War I
- World War II: Dec 7, 1941 – Dec 31, 1946
- Korean War: Jun 27, 1950 – Jan 31, 1955
- Vietnam War: Aug 5, 1964 – May 7, 1975 (if served outside Vietnam); or Feb 28, 1961 – May 7, 1975 (if served in Vietnam)
- Gulf War: Aug 2, 1990 – present, or to be set by law or proclamation

Honorable Discharge: Must have been discharged other than dishonorably.
Income & Asset Limitations: Must have limited resources.
Permanent Disability: Should have a permanent and total disability not caused by willful conduct.

Colling Gilbert Wright stands ready to guide you or your loved ones through this process to secure the support deserved after serving our nation.

How Do I Win a VA Disability Claim?

The VA disability claims process can be challenging, especially when faced with the burden of proving service-related injuries. To improve your chances of winning a VA disability claim, it’s critical to follow a structured approach while leveraging the support of knowledgeable veteran disability attorneys.

Here’s a step-by-step guide to help you build a compelling case for the benefits you deserve:

Gather Comprehensive Medical Records: Collect all relevant medical documents establishing your service-connected disability.
Enlist an Experienced Veteran Disability Lawyer: Work with a knowledgeable VA benefits attorney who can interpret your records and establish a connection to your military service.
File a Well-Prepared Claim: Submit VA Form 21-526EZ for initial benefits and ensure all supporting evidence is included.
Respond Promptly: Quickly provide any additional documents requested and attend all VA-scheduled medical exams.
File a Notice of Disagreement (NOD) If Necessary: Should your claim be denied, submit a Notice of Disagreement within the designated time frame.

By following these steps, with the support of Colling Gilbert Wright, you can improve your chances of securing the benefits you’ve earned. We will advocate for your rights and build a strong case.

What Are 5 Reasons a Claim May Be Denied?

Filing a VA disability claim can be challenging, often requiring meticulous documentation and attention to detail. Unfortunately, some claims are denied due to avoidable errors or oversights. Here are five common reasons why your claim might face rejection:

Insufficient Evidence: Lack of medical or service records to prove that the injury or illness is service-connected.
Missed Deadlines: Failure to submit required forms or documentation within specified timelines.
Inconsistent Statements: Inaccuracies or contradictions in personal or medical histories.
Preexisting Condition: Claim denied if the VA attributes the condition to an ailment present before service.
Dishonorable Discharge: Veterans with dishonorable discharges are not eligible for benefits.

If your claim has been denied, don’t lose hope. Working with experienced veterans’ benefits lawyers to gather strong evidence and submit accurate documentation can improve your chances of a successful appeal.

VA Disability Appeals

Navigating a VA disability appeal can be complex and nuanced. When a claim is denied, veterans have the right to appeal the decision. This process begins with filing a Notice of Disagreement with the VA.

The appeal may go through several stages, including a review by the Board of Veterans’ Appeals and potentially even to the U.S. Court of Appeals for Veterans Claims if necessary. Throughout these stages, it is important to provide additional evidence, clarify discrepancies in the initial application, and present a robust argument for the reevaluation of the decision.

Enlisting a seasoned VA disability appeal lawyer can be pivotal in effectively managing these steps and increasing the likelihood of a favorable outcome.

How Successful Are VA Disability Appeals?

VA disability appeals have a variable success rate, often depending on the specifics of the case and the new evidence presented. In the fiscal year 2022, about 38.9% of AMA appeals were successful, and another 29.2% were remanded (sent back to the VA for additional development), according to the Board of Veterans’ Appeals Annual Reports. This emphasizes the importance of a meticulously prepared appeal.

Can You Sue the VA for Disability?

Suing the VA directly for disability benefits is not an option due to sovereign immunity, which protects the agency from most lawsuits. However, veterans can legally challenge the VA’s decisions regarding their claims through the appeals process.

If unsatisfied with the outcome after exhausting all VA administrative remedies, veterans can take their appeal to the U.S. Court of Appeals for Veterans Claims, and potentially even to higher courts, to seek judicial review of the agency’s decision.

Why Should I Hire a Veterans’ Disability Lawyer?

Handling the VA’s claims process without help is extremely challenging. The intricate requirements and specific deadlines make it easy for veterans to harm their case inadvertently. A veterans’ benefits attorney brings knowledge and experience to guide the claim through the legal maze. Veterans’ lawyers leverage their understanding of the VA system to ensure veterans avoid common pitfalls and receive the compensation they deserve.

What Does a Veterans’ Benefits Attorney Do?

A veterans’ benefits lawyer provides comprehensive legal support for veterans seeking disability benefits. They evaluate claims, assist with gathering and submitting required evidence, and ensure all paperwork is filed correctly and on time.

During appeals, an attorney will advocate for clients by preparing arguments and representing them in hearings. Additionally, these lawyers educate clients on available benefits, guide them through VA regulations, and negotiate with the VA for fair compensation. Essentially, VA benefits lawyers ensure their clients are well informed and supported.

Can Colling Gilbert Wright Handle Claims Denials?

If you have applied for VA benefits, compensation, or pension but faced a denial, Colling Gilbert Wright can help you appeal the decision until you receive the benefits you deserve. Our VA Benefits division is staffed by VA disability appeal attorneys who have been accredited by the VA to handle such claims.

With extensive experience reviewing medical records, our veterans’ lawyers will utilize their knowledge and skill to build a compelling case demonstrating your right to VA benefits. Trust our dedication and comprehensive approach to ensure you get the compensation you need.

Veteran watches the sunset. | Colling Gilbert Wright

Frequently Asked Questions

At What Age Does VA Disability Stop?

Veterans’ benefits do not stop at a particular age. These benefits are intended to provide veterans with the support they need throughout their lifetime should it be necessary and they meet the eligibility criteria. When a veteran is rated with a permanent and total disability, their benefits are secure and typically not subject to future evaluations. However, as a veteran’s health changes, a reevaluation of benefits may be necessary.

What Is the VA Age-55 Rule?

The VA Age-55 Rule is a law stating that no future evaluations will be necessary “in cases of veterans over 55 years of age, except under unusual circumstances” (38 CFR § 3.327(b)(2)(iv)). This means that at the age of 55, veterans will no longer need to undergo periodic reevaluations to maintain their benefits.

The rule is designed to give aging veterans some peace of mind and protection. However, there are some exceptions, including if the veteran’s condition is likely to improve or if there has been a significant change in condition.

We recommend that you consult with a VA disability lawyer as soon as possible to ensure that your rights are protected and that you receive maximum benefits. An attorney can give advice tailored to your case and help you understand how this rule can apply in your situation.

How Long Does It Take To Receive a Decision on a VA Disability Claim?

As of June 2024, the VA maintains that it takes an average of 149.6 days to complete a disability-related claim. We understand that when you are disabled and waiting for benefits, this can seem like an excruciating amount of time.

Some of the factors that can contribute to the length of this review time include:

What type of claim you have filed
The number and complexity of the injuries or disabilities you have claimed for
How much time it takes the VA to collect evidence

Should you disagree with the decision of the VA, you still have options. You may request a decision review or an appeal, depending on the specifics of your claim. A VA benefits attorney can help guide you through this process.

When Will I Start Receiving VA Benefits?

After your claim has been approved, it can take a few weeks to a few months before you receive your payment. During this time, the VA processes payment details, ensures they have all the information they need, and sets up your direct deposit.

The effective date—usually the date you filed the claim—determines when your benefits should begin. If there are any delays in the approval process, the VA may issue retroactive payments to cover the interim between your effective date and approval date.

We know that waiting can be agonizing. To help expedite the process, you can make sure to submit all necessary documents and information with your claim and check in on the progress regularly.

How Often Are VA Claims Denied?

The VA claims that in 2023, they “were able to grant benefits for 65% of claims filed.” That would indicate that 35% were denied, though this number is estimated to be much higher than reported.

Claims can be denied for a number of reasons, including:

Incomplete information or insufficient documentation
Insufficient evidence of your disability
Insufficient evidence that your disability is connected to your military service
Proof that your disability was due to a pre-existing condition

Even though your claim may be denied, that doesn’t mean hope is lost. An experienced VA disability lawyer can exhaust every appeal in an effort to secure the benefits you deserve.

Is PTSD Considered a Permanent VA Disability?

Post-traumatic stress disorder (PTSD) is a disability recognized by the VA. You may be eligible for compensation if the stressor that caused your PTSD occurred during your service and a doctor diagnosed you. PTSD is not automatically considered a permanent disability.

A permanent disability is a condition that is not expected to improve significantly over time. A veteran suffering from PTSD would need to be assessed by the VA and given a disability rating. This rating may change over time as treatment is provided.

While some veterans may see improvements, others may have chronic and severe PTSD that significantly impacts their daily lives. In some instances, PTSD may be rated as permanent, meaning the condition is unlikely to improve, and future re-evaluations would be unnecessary.

Can I Still Work with 100% VA Disability?

Whether you can work while on 100% disability depends on what type of disability rating you have. If you have a schedular 100% disability, you can still work because your rating is based on the severity of your disability. Your disability benefits should not be affected by your earnings.

If your 100% disability rating is through Total Disability Individual Unemployability (TDIU), you should not be able to work. This rating is based on the fact that you were unable to hold gainful employment due to your disability. If you can work, your eligibility for this benefit may be rescinded. However, marginal employment, such as working in a sheltered workshop or earning below the poverty threshold, may be allowed under TDIU.

If you have any questions about your eligibility and ability to work, it is best to consult with your attorney.

Our Orlando Veteran Disability Lawyers Can Help With Your Claim

Filing VA benefits claims is challenging, especially while managing injuries sustained in service to our nation. Veterans deserve the support and respect they earned. Our veterans’ disability benefits attorneys understand the complexities of these claims and are committed to helping you obtain the compensation and assistance needed to move forward.

At Colling Gilbert Wright, our reputation for care and dedication stems from a genuine commitment to each client’s well-being. We understand that veterans seeking VA benefits often have their lives forever changed by injuries sustained in service to our nation. With integrity, empathy, and a dedication to justice, our attorneys will guide you through the process step by step.

It’s not enough to simply do the right thing. We are dedicated to doing the exceptional thing for our clients. Reach out to us today at (407) 712-7300, contact us online, or fill out the form on this page to schedule your FREE case evaluation. Our veteran disability lawyers look forward to helping you pursue the benefits you deserve.