Denied VA Benefits? What Now?
Many veterans thought they would be treated fairly after years of honorable service only to be let down when their disability claim is rejected. Some veterans are even rejected a second time. What can you do? At Empowerment Legal, PLLC, we work hard on behalf of veterans and their families when they are struggling with a service-connected injury. Call our office to discuss what immediate steps you should take.
Our Process
Our law firm believes that veterans deserve fair treatment. And to help them get benefits, we have adopted a comprehensive process for building VA benefit claims. Here are the steps to take after a denial:
Review Any Favorable Findings
VA decision letters typically have a section devoted to favorable findings. These findings are essentially concessions that the VA makes about your claim. For example, they might confirm a diagnosis. That means you do not need to submit additional information as part of an appeal to establish a diagnosis.
Other facts which are usually established, even when denied, include your military service. That means you won’t need to comb through documents to support that fact when you appeal.
By reviewing favorable findings, you can identify which elements of your claim are missing. Usually, an in-service event and/or a causal nexus are in dispute. By reviewing these findings, we narrow the issues as part of the appeal.
Determine Your Appeal Strategy
The reality is that veterans have options when it comes to appealing. For example, you might seek a higher-level review. Or you could file a supplemental claim with additional information.
The appeal strategy is critical. It can determine how you gather evidence and when you file. Work closely with an attorney. Whichever option you choose can close off different lanes if you are denied a second time, so you want to select the right appeal strategy.
Find Useful and Compelling Evidence
A lawyer can find helpful information to establish:
- Current diagnosis;
- Severity of symptoms or impairment;
- In-service event;
- Nexus.
Sometimes, veterans lack sufficient medical evidence as part of their initial claim. That might mean working with expert witnesses who can offer their opinion on whether your current impairment is a result of an in-service event or accident.
Another issue involves the severity or level of impairment. This item is sometimes in dispute, too. The VA might agree you are disabled but still believe you retain significant function, which would mean reduced benefits. We might need to gather additional evidence from friends or family to establish how your disability has upended your life.
Watch Deadlines
We highly encourage you to reach out to a law firm quickly so that you do not accidentally close certain doors when it comes to an appeal. You want a full range of options, which a lawyer can discuss with you. Meeting all deadlines is a critical component of a successful appeal.
We Have Helped Hundreds of Veterans
Veterans and their families should hire the right lawyer to tackle an appeal. Contact Empowerment Legal today. Our Jacksonville VA benefits appeals lawyer has handled both higher-level reviews, as well as supplemental claims, and you can meet for a consultation if you reach out today.