Has your VA disability claim been denied? Do you need compensation to help manage your service-connected disability?
We have helped veterans in Oregon 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.
Has your VA disability claim been denied? Do you need compensation to help manage your service-connected disability?
Although denied VA disability benefits can feel like the end, you don’t have to give up on your compensation. Vetus Legal can help veterans members of each branch of the military receive VA disability benefits.
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 military 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 Oregon 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 veterans’ 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.
Some veterans may look at their disability claim denial and give up. While getting denied can be frustrating, you don’t have to stop there. A VA disability lawyer can help you appeal the decision in hopes of receiving a favorable answer. You deserve compensation, and we can help you achieve that goal.
Contact Vetus Legal today to get started on your case.
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.
In 2021, approximately 259,000 veterans lived in Oregon. The State of Oregon offers many helpful resources to its resident veterans.
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.
The sooner you hire a VA lawyer, the better. Whether you need help filing a claim or submitting an appeal, veterans benefits lawyers can help you. If you have a lawyer when submitting your claim, you may have a better chance of being approved for disability the first time around.
Alternatively, as soon as your claim gets denied, you should hire a lawyer so they can help you with the appeals process.
Yes. However, a 100% disability rating is reserved for veterans with conditions that usually make them unable to work or would make an average person unable to pursue a substantially gainful occupation. These ratings compensate at the highest level, and with help from an experienced VA lawyer, you can get the highest rating possible for your claim.