Veterans Disability and Benefits

North Dakota Veterans Disability & Benefits Attorney

Trusted Legal Guidance for VA Claims in South Dakota & Minnesota

Seeking VA disability benefits can be overwhelming, especially while already carrying the physical or emotional weight of your service. Many veterans feel frustrated by delays, confused by complicated rules, and discouraged or ignored by a system that is meant to support them. You deserve an advocate who understands these challenges and listens to your concerns.

At Ficek Law, our veterans disability and benefits lawyer exclusively practices disability law and brings decades of experience to every case, making us well equipped to fight for the VA disability compensation that you rightfully deserve. Our firm provides compassionate, hands-on guidance and contingency-based representation to help you move forward with clarity and confidence.

Don’t let a service-related condition disrupt your health and finances in North Dakota. Contact us online to discuss your case with our skilled VA disability attorney.

What Is VA Disability Compensation?

VA disability compensation provides monthly, tax-free payments to veterans with injuries or illnesses from their military service. This pay is intended to help cover living expenses, medical costs, and other needs related to the service-connected disability. Our veterans disability attorney can evaluate your potential eligibility, gather evidence, and help you navigate the claims process to pursue the benefits you may be entitled to.

Who Is Eligible for VA Disability Benefits?

You may be eligible for VA disability compensation if you were sick or injured while serving or if military service exacerbated an existing condition. This includes health conditions that developed before, during, or after service.

To be eligible for VA disability benefits, both of the following must be true:

You have a current illness or injury (“condition”) that affects your mind or body.
You served on active duty, active duty for training, or inactive duty training.

Additionally, at least one of the following must apply:

In-service disability claim. You became sick or injured while serving in the military and can link this condition to your illness or injury.
Pre-service disability claim. You had an illness or injury before you joined the military and serving made it worse.
Post-service disability claim. You have a disability related to your active-duty service that didn’t appear until after your service ended.

How Is My VA Disability Rating Determined?

Your VA disability rating is a percentage assigned by the Department of Veterans Affairs (VA) to reflect the severity of your service-connected condition and how it affects your ability to work and perform daily activities. Ratings typically range from 0 to 100 percent in increments of 10 percent.

The VA evaluates medical records, service records, and results from Compensation & Pension (C&P) exams to determine the impact of your condition. We can help you gather supporting evidence, prepare for exams, and appeal low or inaccurate ratings to accurately reflect your disability.

Can I Receive VA Benefits for a Mental Health Condition?

Yes. VA disability compensation is available for both physical and mental health conditions, such as depression, anxiety, post-traumatic stress disorder (PTSD), and military sexual trauma (MTS).

These claims can be especially challenging due to subjective symptoms, stigma and underreporting, incomplete documentation, and difficulty linking to service. VA evaluators may also underestimate the impact of your condition on daily life and work.

We can help you compile thorough medical and personal records, prepare for mental health exams, present a detailed case showing how your condition affects your day-to-day functioning, and pursue an outcome that reflects the full impact of your condition.

What Is a “Presumptive Condition” for VA Benefits?

A “presumptive condition” is a medical condition that the VA assumes is related to military service. This allows eligible veterans to receive disability compensation more quickly because the VA does not require proof that the condition was caused or worsened by service.

Primary categories include:

Chronic or long-lasting illnesses that appear within one year of discharge.
Illnesses caused by contact with contaminants (toxic chemicals) or hazardous materials.
Illnesses caused by time spent as a prisoner of war (POW).

Veterans disability claims for presumptive conditions can still involve detailed documentation, medical exams, and proper filing. Our attorney can help you prepare your claim and navigate the complexities of presumptive eligibility.

Can I Challenge the Results of a C&P Exam?

It may be possible to contest or challenge the results of a VA compensation and pension exam (C&P exam) if the examiner’s conclusions were based on errors or fail to accurately reflect your condition. This is typically done by filing an appeal, providing new evidence, or requesting a new exam.

Our firm can help you request a copy of your C&P exam report, identify inconsistencies or missed evidence, submit independent medical opinions (IMOs), provide statements from family members, friends, or fellow servicemembers who can describe how your condition really affects you, and include a personal statement to strengthen your claim.

How Can a VA Disability Claim Lawyer Help My Case?

Dealing with service-connected injuries or illnesses can be overwhelming, but you don’t have to fight alone. At Ficek Law, we can help you present a strong claim and advocate for the benefits you deserve.

Below are some important ways that we can assist with your case:

Review your claim and medical records. We can examine your service and medical history to identify evidence that supports your disability.
Explain VA rules and benefits. We can explain complex regulations and help you understand your eligibility, payment structure, and legal options.
Prepare and submit complete documentation. We can help you collect, organize, and complete the necessary forms, treatment records, and statements.
Gather supporting evidence. We can collect buddy statements, medical opinions, and additional proof to strengthen your case.
Assist with C&P exams. We can guide you through the VA medical exam process and explain how to clearly communicate your symptoms and limitations.
Maximize your disability rating. We can work to achieve a rating that reflects the full extent of your service-connected conditions on daily life and work.
Handle denials and appeals. We can advocate on your behalf in the event of a claim denial or low disability rating.

If you’re facing delays or setbacks with your VA disability claim, we can fight for the compensation you deserve. Call (701) 436-2461 to schedule a free consultation. Pay no legal fees until we win or settle your case.

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Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 701-436-2461 today!

How Do I Communicate My Functional Limitations?

In your Initial Application, you told SSA why you cannot work. This might be your physical health (back, hands, arms, legs) or your mental health (difficulty with people) or both. Each time you go to the doctor, you should tell your doctor every symptom you are experiencing that is preventing you from working. Always remember, if a medical issue is preventing you from working, but it is not consistently reflected in your medical records, to SSA, it is as if it doesn’t exist.
What Are My Chances for Approval at the Reconsideration Appeal?

Low. About 90% of Reconsideration appeals are denied. Reconsideration Appeals are typically a “rubber stamp” of the Initial Application. Denials are a very normal part of SSA’s process and not something to take personally. SSA is a large, inefficient government system that forces the majority of claimants to file two appeals prior to any chance at approval.
How Do I Become Eligible for SSI?
Before filing for SSI, it is important to know what the requirements are to receive benefits. Eligibility is based on you:
- Being disabled; or
- Being blind; or
- Being over the age of 65; and
- Having limited income and resources; and
- Being a U.S. citizen, national, or a certain type of alien.
You cannot be confined in an institution at the expense of the government, which includes some hospitals and prisons. Other qualifications that you must meet may exist depending on your situation, which is why speaking to a social security disability attorney is always in your best interests.
For a child to qualify for SSI, they must have a physical or mental impairment expected to endure more than 12 months or result in death.

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