If you were injured while serving your country, you are entitled to veterans’ disability benefits. Although the VA exists to support veterans, it denies thousands of claims for disability every year.
You do not need to accept the denial. Those who review disability applications and decide whether to award benefits often make mistakes. A Beckley veterans’ disability denial lawyer could help you get the benefits you deserve. Reach out to a dedicated attorney today to discuss your situation.
Veterans can make their application for disability benefits online. However, the claims form is over twenty pages long and requires many supporting documents, such as medical records and statements from treating physicians. Just one error or omission could result in a denial.
Using a Veterans Service Officer (VSO) for help with an initial claim could make the process less stressful. VSOs receive training and certification in veterans’ disability benefits and understand what the VA needs to approve an application. A veterans’ disability benefits denial attorney in Beckley could serve in this role or recommend a local VSO. The law bars anyone from charging for helping prepare an initial application, so the service is free.
Veterans often wait months for a decision on their disability benefits only to receive the disappointing news that the VA denied their applications. Unfortunately, the VA frequently rejects initial claims for valid, service-related injuries.
Sometimes, a weakness in the application leads to benefits denials. The veteran’s application must establish that the condition first appeared during the veteran’s service or was a pre-existing condition that worsened because of service. Insufficient documentation could lead the VA to reject a claim for lack of proof it is service-related.
As a knowledgeable lawyer can explain, other factors could cause the VA to reject an initial application for disability benefits.
The VA might reject a claim if the supporting documents do not establish that the veteran is currently disabled. If a condition is healed and does not impact the veteran at the time of application, the VA will deny benefits.
The VA will often ask applicants to report for a Compensation and Pension Examination (C&P exam). A doctor at a VA center or an independent contractor will conduct the exam and issue an opinion about the extent of the veteran’s disability. If the applicant misses the exam, the VA will deny the claim.
Applications must contain a physician’s letter explaining the diagnosis, relating it to their service, and describing how it inhibits the veteran. The VA could reject the claim if the physician’s letter omits any of the required information or does not state it clearly.
If the VA denies a claim for benefits, there are several options for appealing the decision. A Beckley attorney can review the application to determine the likely reason for the denial and recommend a form of appeal. Seeking advice soon after receiving the denial is critical because veterans have only one year from the date of the decision to appeal.
Decisions to accept or deny a claim can be judgment calls, and sometimes the review officers make an incorrect decision. Requesting a review of the application by a more experienced officer could be the fastest way to get approved for benefits. In other cases, providing supplementary information that was unavailable or missing from the original application could result in an approval.
A veteran also could appeal to the Board of Veteran’s Appeals. An appeal to the Board is usually the most time-consuming option but could be the best alternative in some cases.
If you suffer from an injury, illness, or condition resulting from your military service, you are entitled to compensation. Do not let the complex application process deter you from seeking the support you earned.
A Beckley veterans’ disability benefits denial lawyer is devoted to ensuring you receive the compensation you need. Schedule a meeting to discuss your options with a dedicated legal professional.