What are VA benefit rates?

The VA calculates compensation for disability based on a rating scale. After reviewing your claim, the VA will assign you a rating that reflects your service-related disabilities. The scale is from 0% to 100% and is given in 10% increments.

How will the VA calculate my rating for two or more injuries?

If you have more than one service-related injury for which you’re submitting a claim, the VA will assign a rating to each of your conditions. Once they determine all of your ratings, they will combine them from highest to lowest. Then, the VA will round up your total rating to the nearest 10%.

When should I contact a VA lawyer?

The sooner you hire a VA lawyer, the better. Whether you need help filing a claim or submitting an appeal, a lawyer can help you. If you have a lawyer when submitting your claim, you have a better chance of being approved for disability the first time around. Alternatively, as soon as your claim gets denied, you should hire a lawyer so they can help you with the appeals process.

Colorado VA Lawyers // VA Disability Appeals & Denials

VA Disability Claim Denied?

Each year, VA disability claims are denied. Were you one of the many denied VA benefits? Do you need help improving your VA rating or submitting an appeal? If so, you can rely on the Vetus Legal team serving Colorado veterans.

Disability Claim Eligibility

The first step in determining why your claim 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.

Definition of a Qualifying Veteran

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:

Veterans who served prior to Sept. 7, 1980
Veterans who were discharged due to hardship
Veterans who were discharged after a disability that was made worse or caused by their service in active duty

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.

Have a Current Disability

Of course, an essential requirement for VA disability benefits in Colorado is that the veteran is indeed disabled. It’s a good idea for veterans filing for VA 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.

Show the Current Disability is Related to Recognized Service

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:

A medical nexus letter from a qualified, medically-trained expert
Physician documentation
Complete medical records
Buddy statements from family, friends, or service members explaining their observations of the frequency, severity, and duration of the symptoms they see and when they first observed them

What Happens if My VA Disability Claim in Colorado is Denied?

The most common reason claims are denied is lack of sufficient evidence, followed by failure to meet eligibility criteria. Veterans seeking VA benefits should consult with an experienced VA attorney to ensure their claim is processed correctly and all necessary evidence is presented.

Appealing Your Denied VA Disability Claim

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.

Top VA Disability Lawyers in Colorado

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 work with you through every step of this process, starting by reviewing your claim as well as the VA’s decision. We promise to give you an honest assessment of your claims before we move forward with an appeal.

VA Claim Lawyers Serving Colorado

If the VA has denied your disability benefits claim, you don’t have to settle. The team at Vetus Legal will help you through the appeals process to get the financial compensation you deserve. Call us now to schedule a free consultation.

Colorado VA Lawyers