Many VA disability claims are denied every year. Has the Department of Veterans Affairs (VA) denied your claim for disability benefits?
We have helped veterans in Alaska and throughout the nation appeal their denied VA disability claims. If you have received a negative decision from the VA – we can help! Our team will review your case for free to determine your best course of action.
Many VA disability claims are denied every year. Has the Department of Veterans Affairs (VA) denied your claim for disability benefits? If so, Vetus Legal can help you appeal your denial to get the compensation you deserve for your service-related conditions. Contact the legal team of VA lawyers serving Alaska to get started on your case.
The first step in determining why your claim for veterans benefits was denied is to ensure you are eligible for VA disability benefits. Veterans must prove they meet the eligibility criteria outlined in a VA disability claim.
The VA defines a qualifying veteran as one that meets specific requirements regarding service period and type of discharge. Service period requirements vary depending on the years in which the veteran served.
For an individual to be considered a qualifying veteran, their service period must have been either 24 consecutive months or for the entire service period in which they were called to active duty, active duty for training, or inactive duty for training.
Exceptions to the service period requirements include:
Dishonorable discharges generally disqualify a veteran from VA disability compensation. “Other than Honorable” discharges may disqualify the veteran from disability benefits. Still, exceptions exist that allow VA to find such veteran’s service to be sufficiently honorable.
Of course, an essential requirement for VA disability benefits is that the veteran is indeed disabled. It’s a good idea for veterans filing for benefits to think about any and all ailments and health issues they suffer from and make a list of them.
It helps the veteran during the claims process if they seek medical treatment for the health issues they’re experiencing instead of just “sucking it up.” Being treated for these conditions will create official documentation outside the claim process confirming the health problems they’re experiencing.
A veteran filing a VA disability claim must be able to prove that the disabling condition is connected to their service.
Veterans should include the following to help the VA verify that the disability resulted from service:
The most common reason claims are denied is lack of sufficient evidence, followed by failure to meet eligibility criteria. Veterans seeking disability benefits should consult with an experienced VA attorney to ensure their claim is processed correctly and all necessary evidence is presented.
If the VA denies your disability claim, it does not mean the fight is over. You have the right to appeal the VA’s decision. It is essential to look at the denial letter and identify why the VA has denied your claim. This information will be important when building your case for a VA appeal.
The process is more intensive if you need to go with the option that includes a hearing. The help of a VA attorney will go a long way in guiding you through the appeals process and ensuring a favorable outcome.
At Vetus Legal, our goal is to advocate for your rights and legal benefits as a veteran of the United States Armed Forces or other recognized Uniformed Services.
If the VA has denied your compensation claims, we’re here to work for you by addressing claim denials at the following levels:
We will diligently review your claim, inspect the VA’s decision, and assess your case with expert eyes to give you a candid assessment of your claims.
Contact us today for a free case evaluation.
Dealing with a VA claim denial can feel defeating, but you are not alone. Vetus Legal will work to help you get compensation for your service-related conditions. We help Alaska veterans get the benefits they are entitled to receive.
Call us today to schedule your free consultation.
If your disability is on an extremity push that proper leg or arm button then push the percentage, if it is not just select the percentage.
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances.
What do the new presumptive conditions mean for you?
It’s simple: If you meet the criteria, you are automatically eligible for VA benefits. If you feel you are qualified and the VA has denied your claim, contact us immediately.
Approximately 65,186 veterans live in Alaska. To provide for the veterans, the state offers many resources to its service members, such as:
Currently, the average time it takes for the VA to issue a decision on an appeal is less than 12 months at the lower levels but much longer at the Board of Veterans’ Appeals. Of course, the type of appeal you file will significantly impact the time it takes for a decision.
For example, requesting a hearing before a veterans law judge on the Board of Veterans’ Appeals could result in a much longer waiting period.
Each case is different, and there is no common settlement amount. The amount of VA disability you will receive for your injuries depends on many factors, such as the severity of your injuries and your ability to work due to your disabilities.
One way to increase your VA rating is to submit a claim if your service-related injury has gotten worse since VA granted you disability compensation for that condition. You can also increase your overall compensation rating by adding more service-related conditions to your claim. For example, if you discover another injury or disability that you weren’t already aware of, you can file a new claim that includes the recent conditions.
Finally, you can improve your rating by working with an experienced VA lawyer. Your attorney will help you compile evidence and submit a solid claim to improve your rating.