Veterans Disability Lawyer in Rhode Island

What Are Veterans Disability Benefits?

Disability benefits are a type of compensation available to qualified veterans who were injured or got sick while serving in the military, or had a condition prior to serving which was made worse by their military service. These tax-free payments are provided by the Department of Veteran’s Affairs (VA).

Who Qualifies for VA Benefits?

Disability compensation, or pay, is available to veterans who qualify based on certain requirements. You may be eligible if you have a condition (current illness or injury) that affects your mind or body and served on active duty, active duty for training, or inactive duty training. In addition, one of the following provisions must be met:

• you were sick or injured while serving in the military and can contribute this condition to your service (in-service disability), or;
• had an illness or injury prior to joining the military that was made worse by serving (pre-service disability), or;
• have an illness or injury that appeared after your active-duty service that can be related to your time serving (post-service disability). David Tapalian, a qualified veterans disability attorney in Providence, RI, with over two decades of experience helping injured clients, can assist you to determine if you meet these specifications and gather evidence to support your claim.

Evidence Required to File a VA Disability Claim

Your initial filing to request disability benefits is considered your original claim. In addition to completing the required forms and providing documentation such as a DD214 or other separation documents, the service member will submit evidence to support the following for their service-connected claim:

• You suffer a current physical or mental disability, a condition, and;
• You were injured, infected by disease, or experienced an event during your active-duty service, and;
• There is a link between your condition (injury, disease, event) and the time you served in the military.

Evidence for your claim will be primarily supported by medical records, a comprehensive exam, or a professional medical opinion. With particular conditions, it can be challenging to show proof of evidence linking your condition to your military service. This may be considered a presumptive condition, one which is automatically assumed (presumed) was caused by your service. In these cases, proof that your service caused the condition is not required and instead one must meet the medical and service records requirements for the presumption.

• Examples: chronic illness appearing within 1 year of discharge, an illness caused by contact with toxic chemicals or other hazardous materials, or an illness caused by your time spent as a prisoner of war (POW).

When filing a claim with the VA for benefits, a RI veterans disability lawyer can assist you regardless of where you are located nationwide. Even if you live in a different state, Tapalian Law can help you obtain the required medical documentation and ensure your application is completed properly to avoid delays because when insufficient documentation is provided with your application or information is missing, this can postpone you receiving pay and benefits.

Eligibility for VA Disability Benefits

Common Condition Claims for VA Benefits

The range and severity of conditions vary widely for veterans who receive disability pay however some recurrent ones include: chronic back pain/back disability, breathing difficulties related to a lung condition/lung disease, cancers caused by handling of toxic chemicals or other hazardous contaminants, severe hearing loss, and range of motion loss. Others are anxiety, depression, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and mental/physical conditions related to military sexual trauma (MST).

Many veterans will suffer from more than one condition. When considering eligibility for disability pay, the VA will take your medical condition, or multiple conditions, into consideration along with the extent to which they affect your overall health and well-being on a daily basis. Rhode Island Veterans Disability Attorney David Tapalian can assist you in getting the necessary medical documentation to provide as evidence for your claim to make sure your condition is fully detailed and supported.

How Is Veterans Disability Pay Calculated?

Disability Ratings

When a decision is made to award compensation to a veteran for a service-connected condition, the amount of pay varies based on a range of factors. A key factor is your disability rating. A disability rating is assigned to you based on the severity of your condition and the impact it has upon your health and abilities. This is ascertained by medical records, a VA claim exam (if required), and information from other sources like federal agencies. Your rating will determine the amount of tax-free disability pay you are eligible for each month, as well as other VA benefits.

Disability ratings are presented as a percentage. This percentage represents how much your condition decreases your overall health and ability to function. For example, a 50% disability rating expresses that your disability decreases your overall well-being by 50% which then corelates to an amount of compensation determined by VA calculations.

2025 Disability Compensation Rates

Multiple Conditions & Disability Ratings

When a veteran is eligible for compensation based on more than one disability, calculating a combined disability rating isn’t as simple as adding together the ratings for each individual condition. With multiple disability ratings, they are calculated as a combined disability rating, which will likely be different than the just the sum of the individual ratings. For example, a person with two disability ratings, let’s say 25% for one rating and 20% for the other, would have a combined rating of 40% based on VA calculations. (They would not have a combined rating of 45%). The Department of Veterans Affairs provides online resources to estimate compensation based on your combined disability rating.

Can I Appeal a Decision About My VA Benefits?

When the VA makes a decision to deny eligibility for benefits, or provides an amount the veteran feels is inadequate in proportion to their condition, the veteran has these options: file a supplemental claim, request a higher-level review, or request a Board Appeal.

• File a Supplemental Claim: if you have new and relevant supporting evidence that you did not have upon filing your original claim, or; there has been a recent change in laws relating to VA benefits that you believe applies to your claim.
  • If your condition has worsened since your original claim, or; some other change in health or circumstances has occurred that you feel applies to the prior approval or denial of your original claim for service-connected benefits, your RI veterans disability lawyer can review and discuss alternatives like an increased rating claim or a secondary claim.
    • An increased rating claim requests additional compensation for an already approved service-connected disability claim that has gotten worse. Supporting documentation would include updated medical records that show a worsening condition.
    • A secondary claim is a claim for a new disability that is linked to an already determined service-connected disability you have.

• Request a Higher-Level Review: if you believe an error was made in the decision for your claim. A higher-level review will assess the original claim and its decision. No new evidence is submitted.
• Request a Board Appeal: if you want your case reviewed by a Veterans Law Judge at the Board of Veterans’ Appeals.

Appealing a decision made by the VA can be laborious and therefore, consulting with a qualified veterans disability attorney is recommended in order to fully explore all of your available options and have the best chance of success at a positive outcome.

VA Decision Review & Appeal Process

How Can a Veterans Benefits Lawyer Help Me?

An attorney knowledgeable about veterans benefits and the appeal process can offer veterans and their families a wide range of assistance. Some ways Tapalian Law helps veterans in Rhode Island and throughout the nation:

• Filing an initial claim for benefits. Our legal team will help gather evidence of your injuries by obtaining medical records and/or professional medical opinions for proof of your condition(s) and the effects on your overall health and ability to perform daily functions. We will ensure forms are filled out properly and documents submitted in a timely manner to avoid potential delays in your compensation.
• Submitting a Supplemental or Increased Rating Claim.
• Requesting a Review or Appealing a Decision. Tapalian Law will guide you throughout the process of contesting a VA decision and help decide the strongest option to fight your appeal.
• Helping a spouse or child collect benefits after a veteran’s death.
• OTH discharge. Our legal team can review options for benefit eligibility for veterans with an other than honorable discharge (OTH).

Book a Free Consultation Today With a Veterans Attorney at Tapalian Law in Providence, RI

With over two decades of experience helping clients get the compensation they are eligible for, David Tapalian and his skilled legal team are well-qualified to help you. We are available to meet in-person, or remotely, and there is no cost to discuss your claim with us. We can help you with your VA benefits whether you live locally or across the country. We help clients navigate the complexities of veterans laws throughout New England and the U.S., as well as the whole range of personal injury laws dealing with car accidents, truck accidents, slip and falls, and more throughout Rhode Island, Massachusetts, Connecticut, and Florida. Call Tapalian Law at 401-552-5000, or book your free consultation with us today.

FAQ’s

How Much VA Disability Pay Am I Eligible For?

Disability compensation is based on your disability rating, or combined disability rating, if applicable. For reference, as of 2025, 100% disability provides approximately $3600/month, according to VA.gov.

How Can I Pay a Lawyer if I’m Disabled and Unable to Work?

There is no fee to seek the advice of a qualified veterans benefits attorney and, in fact, it is highly recommended to seek legal guidance. When you hire a lawyer to help you with your claim or appeal, we get paid only when you receive compensation.

How Long Will the Decision Process Take?

94.8 days: average # of days for the VA to complete a disability claim decision (as of August 2025)

Can I Appeal the VA’s Decision About My Claim?

Yes. There are options if you disagree with the VA’s determination regarding your benefits. These include filing an additional claim or requesting a Higher-Review or Board Appeal. Your attorney can review your options and advise the best approach.