VA Disability Claim Denied?
Year after year, so many VA disability claims are denied by the Department of Veterans Affairs (VA). Are you one of the many people whose claim got denied? If so, reach out to the VA lawyers from Vetus Legal.
The team at Vetus Legal helps veterans appeal their denied claims to receive the benefits they deserve. Call us today to get started.
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 South 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.
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 South Dakota is Denied?
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.
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 appeals process and ensuring a favorable outcome.
Top VA Disability Lawyers in South Dakota
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.
VA Claim Lawyers Serving South Dakota
Getting your VA claim denied can feel like the end of the road. But it doesn’t have to be like this. When you work with a VA lawyer, you get another chance at earning the benefits you rightfully deserve. Let Vetus Legal help you through this process. You can depend on us.
Contact a VA lawyer from Vetus Legal to schedule a free case review.
