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Why can we only help with an appeal or denial and NOT new claims?

YOU SERVED YOUR COUNTRY.
NOW LET US SERVE YOU.

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WAS YOUR VA DISABILITY CLAIM DENIED?

We have helped veterans in West Virginia 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.

VA Disability Claim Denied?

If you suffer from a long-term injury after serving in the U.S. military, you need all the health and disability benefits you can get. When the Department of Veterans Affairs denies you the benefits you’re entitled to as a veteran of the U.S. Armed Forces, it can be difficult to know where to turn.

The good news is that Vetus Legal aims to help West Virginia veterans and their families receive the VA disability benefits they deserve—especially after their claim has been denied.

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 West Virginia 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
west virginia va lawyers

What Happens if My VA Disability Claim in West Virginia 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 West Virginia

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.

VA Claim Lawyers Serving West Virginia

Being denied critical benefits that you’re entitled to is worrisome at best and infuriating at worst. If your VA disability claim has been denied, remember that you don’t have to navigate the road to compensation alone.

Vetus Legal wants to help you walk through each step of the claims and appeals processes, and we’ll advocate for your rights to ensure you get all the VA benefits you deserve.

VA DISABILITY CALCULATOR

Step 1

Enter your disabilities using the buttons below.

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.

Disabilities List (click to remove)

Step 2

Answer these questions below.

Do VA disabilities keep you from working? If so, you should be rated at 100%.

FREE CASE REVIEW

Current Disability Rating

0%

Your monthly payment amount is

-

PRESUMPTIVE CONDITIONS

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.

COMMON VA DISABILITY CLAIMS

  • Adjustment Disorder
  • Allergic Rhinitis (Hay Fever)
  • Anemia
  • Arthritis
  • Asthma
  • Cancer
  • Carpal Tunnel Syndrome (CTS)
  • Chronic Conjunctivitis
  • Chronic Fatigue Syndrome (CFS)
  • Coronary Artery Disease (Arteriosclerotic Heart Disease)
  • Degenerative Arthritis of the Spine
  • Degenerative Disc Disease (DDD)
  • Diabetes Type 2
  • Eczema
  • Erectile Dysfunction
  • Fibromyalgia
  • Flat Feet (Pes Planus)
  • Gastroesophageal Reflex Disease (GERD)
  • Generalized Anxiety Disorder
  • Hearing Loss
  • Hemorrhoids
  • Hiatal Hernia
  • Hypothyroidism
  • Irritable Bowel Syndrome (IBS)
  • Ischemic Heart Disease
  • Limitation of Flexion of the Knee
  • Limitation of Motion of the Arm
  • Limitation of Range of Motion of the Ankle
  • Limited Motion of the Jaw (Temporomandibular Disorder)
  • Lumbosacral or Cervical Strain
  • Major Depressive Disorder
  • Meniere's Syndrome
  • Migraines (Headaches)
  • Nephrolithiasis (Kidney Stones)
  • Peripheral Neuropathy
  • Post-Traumatic Stress Disorder (PTSD)
  • Prostate Gland Injuries
  • Radiculopathy
  • Scars, General
  • Sinusitis
  • Sleep Apnea
  • Somatic Symptom Disorder (Chronic Pain Syndrome)
  • Tinnitus
  • Traumatic Brain Injury (TBI)
  • Urinary Incontinence
  • Varicose Veins
  • Vertigo

Veterans Resources in West Virginia

Over 130,000 veterans reside within West Virginia’s borders, and more than one in four of those veterans live with a service-related disability. That’s why the Mountain State aims to serve its veterans with various VA resources.

WEST VIRGINIA CERTIFIED VA DISABILITY ATTORNEYS NEAR YOU

  • Charleston
  • Huntington
  • Parkersburg
  • Morgantown
  • Wheeling
  • Weirton
  • Martinsburg
  • Fairmont
  • Beckley
  • Clarksburg
  • Teays Valley
  • South Charleston
  • St. Albans
  • Vienna
  • Cheat Lake
  • Bluefield
  • Cross Lanes
  • Bridgeport
  • Oak Hill
  • Moundsville
  • Dunbar
  • Elkins
  • Hurricane
  • Pea Ridge
  • Nitro
  • Brookhaven
  • Charles Town
  • Princeton
  • Ranson
  • Buckhannon
  • New Martinsville
  • Keyser

VA Claims in West Virginia FAQs

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.

How do I increase my VA disability rating?

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 and submit a solid claim to improve your rating.

How long does a VA appeal take?

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.

NATIONWIDE VA ACCREDITED ATTORNEYS