If you’re in the frustrating situation of having your VA disability claim denied by the Department of Veterans Affairs, you’re not alone. In fact, it’s estimated that one-third of these claims are denied every year.
We have helped veterans in North Dakota 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 in the frustrating situation of having your VA disability claim denied by the Department of Veterans Affairs, you’re not alone. In fact, it’s estimated that one-third of these claims are denied every year.
That’s why Vetus Legal aims to help North Dakota veterans file their initial claims and navigate the appeals process so they can receive the veterans benefits they’re 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 North Dakota 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 the rights and benefits of Oregon veterans of the United States Armed Forces or other recognized Uniformed Services.
Our law firm can help you address VA claim denials at the following levels:
We will review your claim carefully, examine the VA’s decision, and assess your case. Then, we will give you a candid assessment of your claim and how we can help you.
Contact us today for a free case evaluation.
Denied critical veterans disability benefits?
Remember that you don’t have to navigate the complicated appeals process alone. An experienced veteran’s benefits attorney at Vetus Legal can be by your side every step of the way. We’ll advocate for you and provide you with the legal resources you need to get every VA compensation benefit you deserve.
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 46,000 or more veterans reside within North Dakota’s borders, making up 8% of the state’s adult population. More than one-fourth of North Dakota veterans live with a service-connected disability.
That’s why the Peace Garden State aims to serve its veterans with various VA resources.
You can submit a supplemental claim, a higher-level review, or a Notice of Disagreement (Board appeal). A North Dakota attorney can help you navigate the options to help get your unfavorable decision overturned or your disability rating increased.
One way to increase your VA rating is to submit a claim if your service-related injury has gotten worse since VA granted you disability compensation for that condition. You can also increase your overall compensation rating by adding more service-related conditions to your claim. For example, if you discover another injury or disability that you weren’t already aware of, you can file a new claim that includes the recent conditions.
Finally, you can improve your rating by working with an experienced VA lawyer. Your attorney will help you compile evidence, gather all the legal forms, and submit a solid claim to improve your rating.