VA Disability Claim Denied?
If the VA denied your claim, we can help.
We know all about VA. We’ve been there.
We know what it’s like to feel helpless when you’re injured or sick and have been told that the government will help you in your time of need. And we also know what it’s like to be disappointed when your claim gets denied anyway.
That’s why we started Vetus Legal, a law firm that specializes in helping vets, just like you, get the benefits they are entitled to. If you want to fight back against VA and get what’s yours, call our VA lawyers serving Nebraska today.
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. 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 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 Nebraska 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 their service-connected disability or illness. 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 Nebraska 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 veterans’ appeals process and ensuring a favorable outcome.
Top VA Disability Lawyers Serving Nebraska
At Vetus Legal, our goal is to advocate for your rights and legal benefits as a veteran of the United States Armed Forces or other recognized Uniformed Services.
If the VA has denied your compensation claims, we’re here to work for you by addressing claim denials at the following levels:
We will work with you through every step of this process, starting by reviewing your claim as well as the VA’s decision. We promise to give you an honest assessment of your claims before we move forward with an appeal.
Contact us today for a free case evaluation.
VA Claim Lawyers Serving Nebraska
Let’s face it: as helpful as VA can be, they’re still a rigid governmental institution that can be impossible to navigate. And if you’re trying to get your benefits claim through, it can feel like the system is stacked against you.
At Vetus Legal, we believe our vets deserve better than a system that treats them like numbers instead of people. That’s why we’ve worked hard to build a team that knows what it takes to navigate their tricky process. Contact our veterans’ disability attorney serving Nebraska today.
