Should I get a VA disability lawyer?

It's always a good idea to speak with an experienced veterans disability lawyer 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.

Will my spouse receive my VA disability when I die?

Once you pass away, your service-connected disability 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.

What are VA disability ratings?

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.

New Jersey VA Lawyers // VA Disability Appeals & Denials

VA Disability Claim Denied?

Are you a veteran with a denied VA disability claim or low disability rating? Are you frustrated by the endless loop of bureaucracy, paperwork, and frustration? Feel like no one’s listening to you?

We can help.

We understand what it’s like to be ignored by VA, and we know that your story deserves to be heard, which is why we’re offering no-cost case evaluations to New Jersey veterans like you who are ready to take action. Our attorneys can help you appeal VA’s decision on your claim to get the benefits you deserve.

Reach out to our VA lawyers serving New Jersey 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 New Jersey 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

What Happens if My VA Disability Claim in New Jersey is Denied?

The most common reason VA disability benefits 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 veterans’ appeals process and ensuring a favorable outcome.

Top VA Disability Lawyers Serving New Jersey

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 New Jersey

Feel like you’ve hit a dead end with VA? Don’t give up!

At Vetus Legal, we’re disabled-veteran-owned and well-respected in the field. We understand the unique challenges of military service and how to protect your rights. We’ll work with you every step of the way to get you the compensation you deserve.

Call our veterans’ disability attorneys today to discuss your options.

New Jersey VA Lawyers