VA Disability Claim Denied?
Being denied benefits you feel you deserve is a frustrating and disheartening experience. But if your claim has been denied by the Department of Veterans Affairs, you’re not alone.
At Vetus Legal, we help Michigan veterans from every branch of the military, as well as their dependents, get the help they need. From filing your claim to filing a compelling appeal, we’ll help you get all the VA benefits you’re entitled to.
Disability Claim Eligibility
The first step in determining why your claim was denied is to ensure you are eligible for VA 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. Military service period requirements vary depending on the years in which the veteran served.
For an individual to be considered a qualifying veteran, their service period must have been either 24 consecutive months or for the entire military 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 Michigan 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 Michigan 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
If the VA denies your disability claim, it does not mean the fight is over. You have the right to appeal the VA’s decision. It is essential to look at the denial letter and identify why the VA has denied your claim. This information will be important when building your case for a VA appeal.
The process is more intensive if you need to go with the option that includes a hearing. The help of a VA Attorney will go a long way in guiding you through the appeals process and ensuring a favorable outcome.
Top VA Disability Lawyers in Michigan
At Vetus Legal, our goal is to advocate for the rights and benefits of Oregon veterans of the United States Armed Forces or other recognized Uniformed Services.
Our law firm can help you address VA claim denials at the following levels:
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 Michigan
If you need to apply for VA benefits—or if you’ve submitted a claim that was denied—you’re not alone. In fact, an estimated 30% of VA disability claims every year are denied. The good news is that Vetus Legal can help many veterans.
We’ll be by your side through every step of the process, advocating for your rights and helping you get every VA compensation benefit you’re entitled to.
