If a veteran is facing a disability, there are options for how get help and support in the form of Veteran’s Disability. The United State Department of Veteran’s Affairs (VA) is responsible for handling veteran disability claims, determining when a veteran qualifies to receive benefits, and the amount that individuals qualify to collect from the program. Veterans who apply for these benefits have to provide a great amount of information to the VA in order to have their claims accepted, and the laws and regulations involved in the process often create frustration and confusion.
Additionally, the complexity of the process seems to have an effect on the VA itself, as errors in claims processing are not uncommon. All of this can create a challenge for a veteran who should qualify for benefits, and who needs the support that he or she is entitled to.
If you are a disabled veteran, and have been denied benefits, there can be a lot to take in, and you probably have a lot of questions. Here are some things to keep in mind if you received a denial of your claim.
Who is eligible to receive benefits?
In order to qualify for benefits, an individual must be a veteran who was injured either while on active duty in the Uniformed Services, served on active duty for training, or inactive duty for training, though only certain injuries will qualify if the service was inactive duty for training purposes. The injury that the individual suffered must have left them at least 10% disabled.
Why was my claim denied?
As mentioned above, the VA’s processing of Veteran’s Disability claims leads to errors not infrequently, so there is a possibility that there was just a mistake. However, there are many grounds on which claims are frequently denied. Your claim might not have made it clear that you are disabled, at least in terms of the definition provided by the VA. Your claim could be lacking certain information or documentation. The claims process requires a great deal of information regarding your injuries, and the information must show a connection between your service and the injury. If the injury could have occurred in a way other than through your service, your claim could be denied. Additionally, the VA often requests that claimants see a doctor that the VA chooses in order to assess the injuries the claimant is suffering from. If a claimant fails to comply with the request for the exam, that can lead to the claim being denied. Also, if the doctor gives an opinion that hurts your claim, that can lead to the claim being denied as well.
What do I do now?
If your claim was denied, and you believe it should not have been, you should appeal the VA’s decision. The first step is filing a Notice of Disagreement. If your claim is denied again, you can appeal to the Board of Veterans’ Appeals. There is also an opportunity for a hearing with a Veterans’ Law Judge.
Do I need an attorney?
The process of appealing a denial of veteran’s benefits can be very complicated. Additionally, if your claim was denied, then there was probably something wrong with it, and you will have to figure out what that was and how to fix it and make sure that your appeal does not face the same problem as your initial claim. An attorney can be a valuable ally in this process.
An experienced Veterans’ Disability attorney will understand the disability benefits process, and be able to evaluate your claim to discover any existing weaknesses that it might have. An attorney will also know how to get certain information that you might need in order to support your disability claim. Veterans’ Disability benefits exist to help support disabled veterans and if you qualify, then you should be sure that you aggressively pursue the benefits and support that you are entitled to.
Contact Stern Law, PLLC for A Free Consultation
At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you to seek the benefits you are entitled to as a veteran. Contact Stern Law, PLLC today at (844) 808-7529 for a free consultation with an experienced veterans’ benefits attorney.