Although the Department of Veterans Affairs (VA) provides benefits to every former U.S. military member who sustained a disabling injury or illness during their active-duty military service, actually obtaining these benefits can be more challenging for many veterans than it should be. Veterans applying for disability benefits for the first time commonly see their claims denied for any number of reasons, many of which can be difficult to resolve without qualified legal guidance.
Fortunately, help is available from experienced VA disability attorneys who have extensive experience helping disabled servicemembers obtain the benefits to which they are entitled. Once retained, a Charleston veterans’ disability benefits denial lawyer could identify what led to your rejection and work tenaciously to resolve any issues as quickly and proactively as possible.
Most denials for veterans’ disability benefits claims in Charleston stem from insufficient evidence in the application. This can result from an applicant failing to provide specific documentation about the nature of their injury or its origins, or a physician failing to firmly establish a connection between a veteran’s service and their specific disability. Other VA claim denials stem from an applicant’s inadvertent failure to follow procedure, such as by missing a Compensation & Pension exam, missing an important filing deadline, or simply submitting the wrong forms during one part of the process or another. Guidance from a Charleston attorney can go a long way toward minimizing the risk that small errors like these will lead to a denial later on.
However, when the VA contests that a veteran’s injury or illness is not actually service-related, or that they are not disabled enough to justify compensation, those are often the most difficult denials to turn around. Legal representation can be especially important in addressing denials based on these grounds, particularly when a claim has already been denied more than once.
When a veteran receives a VA benefits denial, they have a right to initiate the formal appeal process within 60 days, which can be a complicated and time-consuming process.
Depending on the circumstances, appealing a denial may involve making a Supplemental Claim that includes new information that was not available when the initial application was filed, seeking a Higher-Level Review from a more senior VA official, or testifying before a Veterans Law Judge. A veterans’ disability benefits denial lawyer in Charleston can discuss during a confidential consultation what course of action might be best in a particular case.
Finding out that the VA has denied your claim for disability benefits can feel like a tremendous blow to both your current financial security and your future prospects. Fortunately, there are ways to overcome a VA disability claim denial and win the benefits you need, but it can be immensely difficult to do so by yourself.
That is why seeking help from a knowledgeable Charleston veterans’ disability benefits denial lawyer may be essential to preserving your rights and interests in an appeal. Call today to schedule a meeting with one of our attorneys.
