Did the Department of Veterans Affairs (VA) deny your claim? An estimated 30% of VA disability claims are denied each year by some approximations.
We have helped veterans in Iowa 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.
Did the Department of Veterans Affairs (VA) deny your claim? An estimated 30% of VA disability claims are denied each year by some approximations. The Iowa VA lawyers at Vetus Legal represent veterans of every branch of the U.S. military—along with their survivors and dependents—and help them get the VA disability benefits they are entitled to.
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.
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 in Iowa 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 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.
If you’ve been denied the critical veterans’ disability benefits you’re entitled to, remember that you don’t have to walk this frustrating road alone. The legal team at Vetus Legal will be by your side every step of the way, will advocate for you, and will help you obtain every VA compensation benefit you deserve. Contact us today for a 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.
Roughly 185,700 veterans reside within Iowa borders, and roughly one in five Iowa veterans have a service-connected disability. That’s why the Hawkeye State has programs and systems that have helped veterans and provided resources to them.
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.
It’s always a good idea to speak with an experienced VA disability attorney as soon as possible following a denied claim. A wealth of knowledge of VA law and strategies for the appeals process will go a long way in achieving a favorable outcome for your case.
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.