Author: veteransblog

What to do if your VA Disability Claim gets Denied

The process of filing for veterans disability benefits is lengthy and can be very confusing. Many claims get denied due to mistakes made when filling and missed deadlines. Veterans who have a claim that gets denied are often left confused on what to do next. However, an initial claim denial can be very common.

If your veterans disability claim gets denied, you have the right to appeal the decision. You can reverse the original decision if the appeal is strong and done correctly.

In order to appeal a denied veterans disability claim you must:

1. File a Notice of Disagreement (NOD)
2. Request a senior rating specialist to review your case
3. File a supplemental claim

Once you follow file all of your paperwork, prepare to wait. Appeals can take at least a year to be reviewed and you must keep records and meet all deadlines in order to potentially get your appeal granted. It’s essential to provide as much initial evidence as possible with your initial appeal to avoid escalating the matter further.

Working with a qualified attorney can ease this process by ensuring your appeal is strong and filed correctly. An attorney can also work to expedite the process by providing all pertinent information up front to avoid any set backs during the process.

The appeals process is a very sensitive and complex process. If you had a VA claim denied, your best chance at winning the appeal is to contact a veterans disability attorney to have them advocate for you and your rights.

Contact our experienced attorneys for support filing your veterans disability claim.

VA Benefits for Post Traumatic Stress Disorder (PTSD)

You may be entitled to VA disability compensation if you are a veteran suffering from post traumatic stress disorder (PTSD) caused by military service. However, the process to obtain these benefits can be stressful and take years to achieve. Working with a qualified veterans disability attorney can help you obtain veterans disability benefits for post traumatic stress disorder.

Qualifying for VA Disability Benefits for PTSD

You need to provide a lot of evidence and build a strong case in order to have the best chance of obtaining the benefits you need. Our dedicated lawyers can help you gather evidence and build a strong case to support your application and gain the benefits you are entitled to.

• You must have been discharged under other than dishonorable conditions;
• You must have a diagnosis of PTSD from a medical professional
• Your symptoms must be tied to a traumatic event, or “stressor,” that occurred during your military service
• You must have documented medical evidence from a medical professional that the in-service stressor is what caused your PTSD.

How Much Can I Receive in Veterans Disability Benefits for PTSD?

The amount you receive in monthly benefits will depend on the disability rating assigned for your PTSD.  Each disability rating percentage on VA’s rating scale corresponds to a different monthly benefit amount. The higher the disability rating, the more a veteran receives in monthly compensation.

The VA is a large agency that deals with thousands of claims. Many veterans with legitimate service-related disabilities get denied the first time the apply due to completing the process incorrectly. If you get denied, the appeals process can be eve longer and more confusing to navigate. Working with a qualified attorney through either process can help make getting your benefits a much easier process.

Call our office today at 1-800-320-4864 for a free consultation to learn how our attorneys can help you or contact us here to schedule a consultation time that works best for you.

5 Top Disability Benefits for Veterans

Navigating through the veterans disability application process and VA benefits can be confusing for any veteran. The process is often long and difficult to know which benefits you are eligible for. It can be a frustrating process after already dedicating your life to the military service.

There are many military benefits available to veterans. However, veterans often miss out on important benefits because they do not know about them. Being aware of all benefits you are eligible for is the first step to get the veterans disability benefits you deserve.

Here are the some popular veteran benefits you may be eligible for:

VA Disability Pay 

The most obvious benefit available is disability pay. Veteran disability pay depends on the rating received from on the evidence and medical records provided. Disability pay covers both physical and mental conditions. However, the condition must be service-related or a pre-existing conditioned that worsened due to serving in the military.

VA DIC (VA Dependency Indemnity Compensation)

The VA Dependency Indemnity Compensation program offers financial aid to the surviving spouse, child, or parent of a veteran who died from a service-related injury, illness, or was killed in service. This compensation can be important for family members who rely on the service-member’s income.

Housing and VA loan assistance

The VA loan program is a great benefit offered to military service members. It allows for no down payment and lower interest rates that make buying a home much easier.

Although this benefit is available to all veterans, there are also additional benefits for disabled veterans. If you are a disabled veteran and are in the process of getting a loan, the funding fee is completely waived. The Specially Adapted Housing and the Special Housing Adaptation grants also help severely disabled veterans build, remodel, and modify homes to meet their needs.

Veterans’ preference for federal jobs

Veterans preference was put in place to give veterans an advantage over civilians when applying to federal job positions. Disabled veterans with a rating of 10% or more are given an even greater advantage and move ahead of other veteran candidates.

Aid and Attendance

Aid and attendance provides monthly payments for assistance with daily activities and wellness in addition to a retiree’s pension. You may be eligible for aid and attendance if you receive a pension and are a patient in a nursing home, have limited hearing, or need assistance with daily activities.

Do you need help understanding what benefits you may be eligible for? We are here to help. Simply contact us here.

How VA Disability Ratings Work

The VA assigns disability ratings to determine how much disability compensation a veteran will be received each month. Ratings are assigned in 10% increments, ranging from 10% to 100% disabled. The disability rating represents how much the disability decreases overall health and ability to function. A higher rating indicates that the veteran has a more severe disability, and therefore receives a higher monthly compensation payment. As of 2020, compensation rates range from $150 to $3,500 and are determined by your rating and dependent status.

How VA Disability Ratings are Determined

The disability rating is determined after a veteran is determined eligible for disability compensation and is based on:

• Evidence provided (doctor’s report or medical test results)
• The results of your VA claim exam (also called a compensation and pension, or C&P, exam)
• Additional information from other sourced (like federal agencies)

Already file your disability claim and get denied? Learn why claims get denied and how one of our attorneys may be able to help.

Veterans can also receive a disability rating for multiple service-related conditions, however, the VA does not simply add up the ratings for each condition to determine your overall rating. Instead, VA uses a different formula to determine a combined rating which makes it much more difficult to reach a rating of 100% with each new service-related condition.

The disability rating process can be very complicated to understand. However, it is essential to present thorough information to ensure an accurate rating and receive the necessary compensation.

We are here to help if you have questions about your VA disability rating, or the VA disability application process. Simply contact us here.

Why Veterans Disability Claims Get Denied

Applying for veterans disability benefits is often a long process that can be confusing if you are unaware of regulations and rules that must be observed when dealing with the federal government. Due to this, about one-third of all veterans disability claims get denied.

Why Do Veterans Disability Claims Get Denied?

Veteran disability claim denials occur for several reasons:

• Missing a deadline for your claim or appeal
• Not completing your compensation and pension exam on time
• Filled out the wrong forms
• Not having enough medical evidence for your condition to be considered a disability, or to be considered service-connected
• Lack of professional representation
• Your disability is not found to be related to your military service
• Symptoms aren’t deemed severe enough and given an improper rating

Your benefit approval and compensation depends on your understanding of the complexities of the VA system. Working with a lawyer who has a good understanding of VA law can ensure that you receive the benefits that you are entitled to. A lawyer who is well-versed in the VA system can help you navigate the appeal process, and can help you obtain any additional medical records or other documents that you may need in order to win your appeal.

If you are a veteran in need of assistance with your disability claim, please call us at 1-800-320-4864 or contact us online. Your consultation is free.

Why Hire a Veterans Disability Lawyer

Applying for Veterans disability benefits can be difficult to navigate by yourself. Many people get denied simply because they do not know VA law or file incorrectly. Working with an experienced veterans disability lawyer can help you get the benefits you’re entitled to.

What can a Veterans Disability Lawyer do for me? 

Making or appealing a claim successfully through the VA can be a very complex and time-consuming process. 

• Having an attorney to navigate through the ever-changing rules and forms for you can reduce the number of headaches you have to go through. 
•  An attorney will also track appeal deadlines to protect your interests.
• Just as most people would not want to go through other legal processes without competent representation, veterans deserve to have representation to help them get more of the benefits they are entitled to. 
• An attorney may be able to find benefits you didn’t even know about.

Will a Veterans Disability Lawyer make my claim go faster?

Veterans’ claims often get caught in a cycle of denial, appeal, remand, denial, appeal, remand, and so on. This can add years to a claim. While an attorney may not be able to make the VA decide your claim any faster, an experienced attorney can put you in a position to win your appeal the first time around.

When should I hire a Veterans Disability Lawyer?

The VA process can be confusing and frustrating. There are a lot of regulations and rules that must be observed when dealing with the federal government so it is best to hire an attorney as early in the process as possible.

You should consult a lawyer if:

• You are about to apply for disability benefits
• You have applied for disability benefits and received a denial letter and intend to file an appeal 
• You disagree with your disability rating
• You need a discharge upgrade to qualify for VA benefits
• You have filed claims in the past and need to reopen those claims

If you are a veteran in need of assistance with your disability claim, please call us at 1-800-320-4864 or contact us online. Your consultation is free.