We have helped veterans in Montana 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.
If you’re feeling disheartened and frustrated after your VA disability claim was denied, you’re not alone. Out of all the disability claims filed with the VA every year, an estimated 30% end up denied. But that doesn’t mean it’s the end of the road for getting VA disability compensation.
In fact, Vetus Legal aims to help Montana veterans and their families through the VA claims and appeals processes in order to get the disability benefits they’re entitled to – even after a claim denial.
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 Montana 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.
When you’ve been denied benefits that you deserve, it can feel like an affront. However, there’s a possibility that you may still be able to receive those benefits after going through the Veteran’s disability benefits appeals process.
At Vetus Legal, we want to help you through every step of the process, advocating for your rights, so that you can get all the VA compensation benefits you’re entitled to.
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.
An estimated 85,000 veterans reside within Montana’s borders, which makes Montana among the states with the highest population percentage of veterans. In addition, almost one in four Montana veterans suffer from a service-related injury. That’s why Big Sky Country aims to serve its veterans with a variety of VA resources.
The chances of winning your VA appeal will depend on several factors. The reason for the denial is the most significant factor. For example, suppose your initial claim was missing crucial information or proof of claim, and you have access to information that would resolve the denial. In that case, your chances of winning the appeal are higher.
Working with an experienced veteran’s benefits attorney will increase your chances of success during the appeals process since they’ll be able to guide you and work to complete the documentation of your claim.
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. Those with a higher disability rating typically receive higher compensation.
Once you pass away, your VA benefits will be discontinued. This means your spouse will not receive your VA disability compensation after you’re gone. However, they may be able to receive benefits in their own right if they’re eligible for Dependency and Indemnity Compensation.