Are you a veteran who has been diagnosed with ALS, or Amyotrophic Lateral Sclerosis? If so, you may be entitled to disability payments from the Department of Veteran’s Affairs. No matter what branch of the military you served in, you may qualify to receive 100% disability benefits from the VA, as well as additional payments depending on your personal circumstances.
Even if you have a clear case for these payments, the process of applying for a claim can be complicated. Many veterans hit roadblocks that are difficult to overcome, but rest assured that the lawyers or Normandie are here for you. We can assist you whether you have just been diagnosed with ALS, or you’ve filed a claim but received a denial or a disability rating that’s too low. To learn about your legal rights and receive the maximum payment you’re entitled to, contact us at your earliest convenience.
What is ALS?
ALS or amyotrophic lateral sclerosis, also known as Lou Gehrig’s Disease, is a motor neuron disorder that kills off the cells in your brain and spinal cord. These are the cells that control muscle movements throughout the body, primarily in the arms, legs, and face. This is a progressive disease that normally begins with weakness in one of the limbs or muscle twitching. Eventually, the patient will have more obvious symptoms, which include:
- Slurred speech
- Difficulty walking or standing
- Tendency to trip or fall
- Twitching of the tongue, arms, and shoulders
- Weakness in the hands
- Behavioral changes
- Laughing, crying, and yawning at inappropriate times
Though some people have a genetic predisposition for ALS, there are studies showing higher rates of the disease among former service members. This has been acknowledged by the U.S. military, and as of 2008, ALS has been recognized as a service connected disease. This term is used to describe a medical condition that occurred or was aggravated as a direct result of serving in the armed forces.
Eligibility Requirements for ALS Disability Payments
As a general rule, you will need to show that you developed ALS after serving in the military for at least 90 continuous days of service. However, it does not matter how long after your service you were diagnosed with the disease. Thus, even if you developed ALS decades after you were discharged, you can still apply for VA disability benefits.
You may also be eligible for disability payments if you stayed at Camp Lejeune military based in Jacksonville, North Carolina for at least 30 days between August 1, 1953 and December 31, 1987. During this time, the water at Camp Lejeune was contaminated by toxic chemicals that are linked with cancer, Parkinson’s disease, aplastic anemia, and many other serious health conditions. Thus, we may be able to prove that your ALS was caused by exposure to contaminated water at Camp Lejeune.
For more information on your right to compensation as a veteran with ALS, call us today and schedule a free consultation.
Who is not Eligible for VA Disability Benefits?
If you were dishonorably discharged or received a bad conduct status from the military, you will most likely be ineligible for VA benefits. These individuals are also prohibited from filing an injury claim or lawsuit for exposure to water contamination at Camp Lejeune. You will also be disqualified from VA benefits if there is evidence showing that you developed ALS for any other reason besides active duty in the military.
Understanding the VA Disability Rating System
Having a service related disability is the first step to qualifying for benefits through the VA. However, the more important question is how much you could receive from the VA on a monthly basis. That depends on where your illness falls on the VA disability rating system.
Basically, the system assigns a percentage rating to the impact that your disability has on your earning capacity. The ratings system is from 0 to 100%, and you must have a rating score of at least 10% to receive VA disability benefits. As of 2022, payments start at $152.64 for a rating of 10%, going all the way up to $3,332.06 for a 100% rating. One of our attorneys can explain the system to you in more detail. We can also talk to you about VA disability ratings for cancer, blood disorders, PTSD, or any other qualifying medical condition.
How much in VA Benefits can I get if I have ALS?
The amount you can receive from the VA for a diagnosis of ALS will depend on the percentage you are assigned according to the ratings system. The highest payments are paid out to veterans with severe impairments, which have a disability rating score of 70% to 100%. This means your basic monthly rate will be anywhere from $1,529.95 to $ 3,332.06. However, you may qualify for additional payments based on various factors, which we will go over in the next section.
Special Circumstances that can Increase Your Payment
Aside from yourself, a diagnosis of ALS affects your dependents, such as your spouse, children, and parents. You can receive additional funds for these dependents as long as your disability rating is 30% or higher. Here are some other factors that can increase your disability payments from the VA:
- Complete loss of sight, hearing, or speech
- Amputation of one or more limbs
- Loss of function in one or more limbs
- Loss of / loss of funtion of the reproductive organs
- Loss of breast tissue (female veterans only)
- “Aid and attendance” payments if the claimant needs assistance with bathing, eating, and other daily tasks.
As you can see, there are many different benefits that you may qualify to receive, based on the extent of your disability. If you have any questions about your eligibility for additional payments from the VA, don’t hesitate to give us a call.
Second Opinion Consultations
Here at Normandie, we know how frustrating it can be when you’re not getting the care and attention you deserve from your attorney. Or, maybe you’re having disagreements with your lawyer about important issues in your case, like your benefit amount or how long it’s taking to process your claim. No matter what type of issues you are having, please consider a free second opinion with one of our attorneys. We will provide you with an objective review of your case and help you decide if switching your lawyer is in your best interest. If you decide to transfer your case to our firm, we will take care of retrieving your case file and letting the courts know about your change in counsel. In short, the only thing you have to do is give us a call and schedule a time to speak with one of our attorneys.
Speak to a Veterans Disability Rights Attorney
If you are a U.S. veteran struggling with the effects of ALS, it’s crucial to receive the maximum level of benefits you are entitled to from the VA. Unfortunately, the claims system can be complicated, and many former military members are denied the assistance they need from the federal government. If your claim has been unjustly denied or you have been issued an unfair disability rating, our lawyers are here to advocate for your rights.
If you’re concerned about the cost of hiring us, that will never be an issue with our Zero fee guarantee. Under this policy, we only get paid by winning your case and bringing you the compensation you deserve. If we don’t win your case, you are not responsible for any of our fees. That means you have nothing to lose by contacting our office and finding out about your rights and legal options. Call us today for a free, no-obligation case review.
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