VA Disability Claim Denied?
Each year, so many VA disability claims are denied. Are you one of the many people who got denied by the Department of Veterans Affairs (VA)?
Do you need help appealing your claim? Vetus Legal can help veterans members of each branch of the military receive the VA disability benefits that they deserve.
Disability Claim Eligibility
The first step in determining why your claim was denied is to ensure you are eligible for veterans disability benefits. Veterans must prove they meet the eligibility criteria outlined in a VA disability claim.
Definition of a Qualifying Veteran
The VA defines a qualifying veteran as one that meets specific requirements regarding service period and type of discharge. Service period requirements vary depending on the years in which the veteran served.
For an individual to be considered a qualifying veteran, their military service period must have been either 24 consecutive months or for the entire service period in which they were called to active duty, active duty for training, or inactive duty for training.
Exceptions to the service period requirements include:
- Veterans who served prior to Sept. 7, 1980
- Veterans who were discharged due to hardship
- Veterans who were discharged after a disability that was made worse or caused by their service in active duty
Dishonorable discharges generally disqualify a veteran from VA disability compensation. “Other than Honorable” discharges may disqualify the veteran from disability benefits. Still, exceptions exist that allow VA to find such veteran’s service to be sufficiently honorable.
Have a Current Disability
Of course, an essential requirement for VA disability benefits in New Mexico is that the veteran is indeed disabled. It’s a good idea for veterans filing for benefits to think about any and all ailments and health issues they suffer from and make a list of them.
It helps the veteran during the claims process if they seek medical treatment for the health issues they’re experiencing instead of just “sucking it up.” Being treated for these conditions will create official documentation outside the claim process confirming the health problems they’re experiencing.
Show the Current Disability is Related to Recognized Service
A veteran filing a VA disability claim must be able to prove that the disabling condition is connected to their service.
Veterans should include the following to help the VA verify that the disability resulted from service:
- A medical nexus letter from a qualified, medically-trained expert
- Physician documentation
- Complete medical records
- Buddy statements from family, friends, or service members explaining their observations of the frequency, severity, and duration of the symptoms they see and when they first observed them
What Happens if My VA Disability Claim in New Mexico is Denied?
The most common reason claims are denied is lack of sufficient evidence, followed by failure to meet eligibility criteria. Veterans seeking disability benefits should consult with an experienced VA attorney to ensure their claim is processed correctly and all necessary evidence is presented.
Appealing Your Denied VA Disability Claim
At Vetus Legal, our goal is to advocate for the rights and benefits of New Mexico veterans of the United States Armed Forces or other recognized Uniformed Services.
If the VA has denied your compensation claims, we can help you address claim denials at the following levels:
Top VA Disability Lawyers Serving New Mexico
For the legal team at Vetus Legal, our clients are our top priority. We aim to fight for your rights as a United States Armed Forces veteran or other recognized Uniformed Services.
Suppose you submitted a VA disability benefits claim, which has been denied. In that case, we can help you with the following levels of denials:
We will review your claim carefully, examine the VA’s decision, and assess your case. Then, we will give you a candid assessment of your claim and how we can help you.
Contact us today for a free case evaluation.
VA Claim Lawyers Serving New Mexico
Having your VA disability claim denied can be disheartening. Don’t give up. You deserve fair compensation for your service-related disability.
Vetus Legal will help you receive the benefits to which you’re entitled. We will stand by your side and guide you through the appeals process. You can rely on us.
Contact Vetus Legal today to get started on your case.
