VA Claims Attorneys Working Tirelessly to Protect Your Rights

It is no secret that when dealing with Veteran’s Affairs, or the VA, you need an obscene amount of patience and determination to get the desired result. It can seem as if when veterans need their country the most, they fail them. This can feel like the case if you aren’t experienced in handling claims, and if you haven’t had to share this process before, we don’t blame you for feeling a little overwhelmed.

Although we have to deal with the current system’s limitations due to a significant backlog of claims, we can try to make the best of the claims process for our Veterans and their loved ones.

Whether you are prepared to file a claim or have filed a claim and been denied, it may be time to consult a professional for assistance. There is a significant opportunity for errors when filing claims or appeals to obtain disability benefits. Due to the wait times associated with the process, it’s imperative to get the paperwork right the first time.

Contact me today at 407-499-5680 to discuss the specific details of your case and learn more about how I can help. I have worked with countless clients and their families over the years to obtain veterans’ disability benefits, and I have your best interest at heart.

How Can I Best Prepare My Claim to Avoid Denial?

The fact of the matter is, that it seems that more VA claims are denied than they are approved. There are many reasons for this, so it can be crucial to learn some tips for preparing your claim in hopes that it will avoid a denial. Some of the common reasons for the denial are listed below to help you prepare to avoid these mistakes.

1. Lack of/inadequate information. One of the main reasons claims are denied is that the claim lacks essential details relative to injuries sustained, medical evidence, or other supporting evidence. The VA will need to have enough details in order to make an informed decision. Your claim can be denied if you don’t provide sufficient information regarding your circumstances.
2. Disability is determined to be non-service related. If you can provide sufficient evidence that your disability directly results from your service, you can eliminate the questions surrounding this.
3. Missed Deadlines. Some deadlines must be met to file an appeal of a VA decision. If this deadline isn’t met, the claim will automatically be denied. For example, you generally have a year to file an appeal; if you miss that deadline, it can be grounds for another denial.
4. No specific diagnosis on file. It can seem obvious, but if there isn’t a detailed description of the condition, this can be grounds for denial. Suppose your doctor simply enters “back pain” on the medical records. In that case, you can work with them to be much more specific and discuss what limitations may be associated with your injuries as well that prevent you from sufficiently performing your work duties.
5. No Medical Exam on File. The VA will require, in most cases, a “‘medical nexus exam” in which a doctor gives a written opinion as to whether they feel their patient’s medical conditions are service-related. This is an extra step that veterans can take to ensure it is filed with their claim.
6. Wrong forms completed. It can be frustrating to navigate the claims process. Making sure you have the proper form filled out and sent in can help obtain approval.
7. Conditions aren’t rated severe enough for assistance. In some cases, the VA will recognize that the veteran is experiencing symptoms due to their service, which makes working challenging. But they may rule that the symptoms aren’t severe enough to warrant assistance. This can be due to a lack of information to support your claim. Medical records, professional opinions, and other thorough documentation, such as work evaluations, can help you avoid this denial.
8. Condition ruled as pre-existing. The VA may find that a pre-existing condition led to your disability rather than your time in the service. This can also be avoided by providing thorough evidence that your condition is directly related to your service and was not a pre-existing condition. This may entail gathering your medical records long before you enlisted, but avoiding a denial based on a pre-existing condition may be worth it.

What Would Make a Veteran Ineligible for Benefits?

There are a few reasons that would make a veteran ineligible for benefits. If the veteran was dishonorably discharged, they are generally unable to receive benefits. If the veteran’s condition was due to misconduct, which can be proven, this is also grounds for ineligibility. If the injury occurred while the veteran was detained or in prison rather than in service, this could be grounds for denial. Suppose the veteran went AWOL (Absent Without Leave) and avoided duty, which is when the injuries that led to the current condition occurred. In that case, they are generally ineligible for benefits. There are some exceptions to the examples listed above, but in general, you can assume that if the above situations are true, you may be ineligible for veteran disability benefits.

What Are Some Advantages to Hiring a VA Claims Attorney?

There are many appealing characteristics to hiring a veteran disability lawyer. Although it is not required that you do so, having a professional with experience to rely on can save you time and frustration and help you maximize the benefits you deserve. This allows you to focus more on your health, healing, and family.

An experienced immigration attorney can take over communication with the VA for you. Let them do the work you hired them to do. You don’t have to be on hold for hours waiting to hear more on your specific case and wonder how you will get through this chapter of your life. You don’t need to try to make sense of a letter in the mail asking for further information that you don’t understand. Let the professionals handle the communication from here on out. That is one of the benefits of the attorney-client relationship!

Your attorney can also help you gather sufficient evidence supporting your VA claim. There can be medical records that you had not included thinking they were irrelevant or incomplete medical records submitted, and having these can mean the difference in significant monthly disability benefits.

There may even be outside experts that can contribute to your supporting evidence. Your VA claims lawyer can decide when outside experts are necessary and utilize them as a valuable resource as they see fit. For example, external resources such as psychologists, physical therapists, or vocational experts may add significant supporting evidence to ensure you get the most out of your VA benefits.

Are there details surrounding your condition that haven’t been documented yet? You can set up an appointment with an expert in that field, gather their findings, and use that as evidence to support that your condition deserves awarded benefits. For example, a psychological evaluation may provide significant evidence supporting your situation that would be vital to your obtaining benefits.

You may be eligible for back pay. This can be crucial to helping you remove debt incurred while you were out of work due to your disability. Your attorney can not only fight for you to get benefits moving forward, but they can work with the VA to attempt to obtain backpay from the effective date. An effective date may be inaccurate, meaning months or even years of back pay are available to the veteran. Your attorney will be well-versed in helping you to calculate your effective date and can help to get it changed with the VA, potentially allowing you more benefits.

Many Veterans are given a much lower rating than what they deserve. A “rating” is calculated and applied to a claim file and is directly associated with the amount of benefit the Veteran will receive. A slight increase in that rating can mean a significant increase in monthly disability benefits. Your attorney can help you to fight for a higher, more accurate reading of your disability to maximize the benefits that you can receive.

Why Hire One People Law?

When dealing with VA claims, it can feel like the odds are stacked against you. The documents are confusing; there seems to be endless information that needs to be submitted to provide sufficient proof of the benefits you deserve and have earned through your honorable service and sacrifice. Our law firm has worked with several veterans and their families over the years. I have endless respect and determination to get veterans the maximum disability benefits so they can continue to support themselves and their families after returning from service.

No two cases are the same, but I am confident that with my years of experience, I can help you form a strategy that will work for you and help you to obtain your deserved VA disability benefits. Contact our office today at 407-499-5680 to discuss your specific details, get some of your questions answered, and begin to create a plan that allows us to fight together for what is rightfully yours.