For those who fought valiantly for our country and returned home with service-related harm, disability benefits can be life-changing. However, securing this support through the Department of Veterans Affairs (VA) is not always easy. The VA can reject benefit claims for several reasons, even if a denial seems unwarranted.
A rejection from the VA does not have to be the end of your benefits journey. While they can be frustrating, a denial may be overturned with the assistance of a skilled attorney. Let a Charlotte veterans disability benefits denial lawyer at our firm assist you with your claim. We will fight tirelessly to help you secure the benefits you are owed for your honorable service.
The VA may deny claims for benefits for several reasons. Some of these issues can be easily resolved by supplying additional documentation or information. However, when denials happen for reasons that are unclear, it becomes more complicated to rectify these decisions. Thankfully, a dedicated Charlotte attorney is here to help veterans overcome rejections for disability benefits. Some common reasons for denials include the following:
There are no initial deadlines for filing a claim for benefits. However, if a veteran has his or her benefit claim denied, there is a limited amount of time to file an appeal. An appeal must be filed within a year from the date of the rating decision.
There must be proof that a veteran has an eligible disability in order for them to qualify for benefits. This requires a formal diagnosis from a doctor or other medical professional. The lack of a formal diagnosis may result in a denial.
One of the most frustrating reasons for denials is the claim of a pre-existing condition. A veteran is entitled to benefits even if he or she have a pre-existing condition, so long as that condition worsens due to a service-related event.
One of the challenging aspects of VA benefits claims is identifying how an injury or illness is service-related. If the VA does not find there to be evidence of a service-related disability, they may deny the claim.
In order to file an appeal, a veteran must complete and submit a document known as a Notice of Disagreement. This notice can be completed with the assistance of a Charlotte veterans disability benefits denial attorney. It is necessary to file this notice within one year from the day the ratings decision is made. This notice can be filed with the VA Regional Office responsible for the original claim or the Board of Veteran Appeals (BVA) depending on which lane you decide to choose.
The notice should make it clear that the veteran disagrees with the decision made in his or her case. It is not necessary to include specifics on the reason for the disagreement. The notice only needs to inform the VA of the intention to appeal.
There are two different types of appeals. The first involves opting for a decision review officer, or DRO. This type of appeal can occur without a hearing. The second option is an appeal directly to the Board of Veterans Appeals (BVA). An attorney can advise veterans on which of these options is the optimal choice in his or her unique circumstances.
A denial of your veterans benefits claim can be extremely frustrating, especially if you are confident that you qualify. When faced with a situation like this, it is important to know that you do have legal options. A skilled attorney will pursue every avenue to help you overcome a rejection.
If you believe you qualify for benefits yet had your claim denied, contact our firm to discuss your situation with a Charlotte veterans disability benefits denial lawyer. We will guide you from start to finish of this process and ensure that your voice is heard.
