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WAS YOUR VA DISABILITY CLAIM DENIED?

We have helped veterans in Delaware 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.

VA Disability Claim Denied?

Are you a veteran with a denied disability claim? Are you living with the consequences of your military service but not getting the benefits you deserve?

We can help.

At Vetus Legal, our law firm represents Delaware veterans. We’re dedicated to helping veterans with their claim denials and increasing their disability ratings. We have a team of highly experienced attorneys who are committed to getting you the benefits you fought for.

Don’t wait any longer—get in touch with VA lawyers at Vetus Legal today.

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 Delaware 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.

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
delaware va lawyers

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

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.

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 Delaware

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.

Contact us today for a free case evaluation.

VA Claim Lawyers Serving Delaware

Have you been denied VA benefits in Delaware?

Disabled vets deserve the benefits they’ve earned. And if the VA denied your disability claim, we want to help you get it back on track. We’ll work hard to appeal your claim and get the unfavorable decision overturned so that you can focus on what matters most—your health and well-being. Call our law firm today.

VA DISABILITY CALCULATOR

Step 1

Enter your disabilities using the buttons below.

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.

Disabilities List (click to remove)

Step 2

Answer these questions below.

Do VA disabilities keep you from working? If so, you should be rated at 100%.

FREE CASE REVIEW

Current Disability Rating

0%

Your monthly payment amount is

-

PRESUMPTIVE CONDITIONS

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.

COMMON VA DISABILITY CLAIMS

  • Adjustment Disorder
  • Allergic Rhinitis (Hay Fever)
  • Anemia
  • Arthritis
  • Asthma
  • Cancer
  • Carpal Tunnel Syndrome (CTS)
  • Chronic Conjunctivitis
  • Chronic Fatigue Syndrome (CFS)
  • Coronary Artery Disease (Arteriosclerotic Heart Disease)
  • Degenerative Arthritis of the Spine
  • Degenerative Disc Disease (DDD)
  • Diabetes Type 2
  • Eczema
  • Erectile Dysfunction
  • Fibromyalgia
  • Flat Feet (Pes Planus)
  • Gastroesophageal Reflex Disease (GERD)
  • Generalized Anxiety Disorder
  • Hearing Loss
  • Hemorrhoids
  • Hiatal Hernia
  • Hypothyroidism
  • Irritable Bowel Syndrome (IBS)
  • Ischemic Heart Disease
  • Limitation of Flexion of the Knee
  • Limitation of Motion of the Arm
  • Limitation of Range of Motion of the Ankle
  • Limited Motion of the Jaw (Temporomandibular Disorder)
  • Lumbosacral or Cervical Strain
  • Major Depressive Disorder
  • Meniere's Syndrome
  • Migraines (Headaches)
  • Nephrolithiasis (Kidney Stones)
  • Peripheral Neuropathy
  • Post-Traumatic Stress Disorder (PTSD)
  • Prostate Gland Injuries
  • Radiculopathy
  • Scars, General
  • Sinusitis
  • Sleep Apnea
  • Somatic Symptom Disorder (Chronic Pain Syndrome)
  • Tinnitus
  • Traumatic Brain Injury (TBI)
  • Urinary Incontinence
  • Varicose Veins
  • Vertigo

Veterans Resources in Delaware

An estimated 72,000 veterans reside within Delaware’s borders. That’s why the First State aims to serve its veterans with various VA resources.

DELAWARE CERTIFIED VA DISABILITY ATTORNEYS NEAR YOU

  • Wilmington
  • Dover
  • Newark
  • Middletown
  • Bear
  • Glasgow
  • Brookside
  • Hockessin
  • Smyrna
  • Pike Creek Valley
  • Milford
  • Claymont
  • Wilmington Manor
  • North Star
  • Seaford
  • Pike Creek
  • Georgetown
  • Edgemoor
  • Millsboro
  • Elsmere
  • New Castle
  • Highland Acres
  • Laurel
  • Clayton
  • Camden
  • Rising Sun-Lebanon
  • Harrington
  • Lewes
  • Milton
  • Dover Base Housing
  • Long Neck
  • Selbyville

VA Claims in Delaware FAQs

Are veterans benefits available to family members?

VA disability compensation is only available to veterans. However, veterans rated at least 30% can be paid additional compensation benefits for any qualified dependents. Also, family members who provide care for disabled veterans may be eligible for support through VA. Other family members may be eligible for health care, help with education and training, and burial benefits.

How long does a VA appeal take?

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.

Can I increase my disability rating?

Yes, by filing a new claim or an appeal of a recent decision with VA, many Delaware veterans can have their claim reevaluated to get a higher VA disability rating.

NATIONWIDE VA ACCREDITED ATTORNEYS

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont
  • Virginia
  • Washington
  • Washington, DC
  • West Virginia
  • Wisconsin
  • Wyoming