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.
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.
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 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.
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 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.
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.
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.
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.
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.
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.
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.