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Veteran Disability Attorney in Charlotte
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What are Common Reasons for VA Claim Denial?
The VA reviews every application to determine if the applicant has a service-related injury and if that injury is severe enough to warrant a disability rating. Once a rating is awarded, the veteran is able to receive payments for that disability dating back to when it began and going forward. In many cases, if someone has had their claim denied and has been in application or appeal status for some time, there may be a substantial backpay of benefits owed. This is often when a veteran decides to hire a lawyer to help with managing the appeals process.
The important thing to know is that your medical records speak volumes when they go to the VA. This is what is used to determine your underlying condition and how it's affecting your life. What your doctors say and what's in your records are instrumental in building a strong case.
Unfortunately, there are many reasons that the VA might deny an application. It is in your best interests to submit a compelling application the first time around, but there is still a chance that your claim may be denied even with a legitimate disability.
The two primary reasons that your claim may be denied are if the VA feels that your injury is not connected to your military service or that you don't have the condition at all/the condition is not severe enough.
If you've already been denied, your Charlotte, NC veterans benefits lawyer will review what you've submitted to the administration already and see what further information could be helpful for bolstering your claim. This might require other doctor's visits, so keep an organized list of everything you've done and continue to do when it comes to treating your condition.
What to Know About Filing a VA Claim?
Many claims are denied outright by the VA on the first submission, and too many former service members give up and decide not to pursue the appeals process. This could be a big mistake. Hiring the right Charlotte, NC veterans benefits lawyers may be in your best interest to help you to recover compensation.
There are two different parts to the VA disability claims process. The first of these is determining personal eligibility for veterans benefits and the second is verifying the amount of disability benefits you are entitled to get for your situation. This process can be very involved and stressful, even when all of your materials have been organized and you believe that you should be approved quickly. This web of application process for veterans is notoriously frustrating, which is why many hire lawyers to help them get their benefits sorted and compensation paid out. Knowing that you do not have to go through this process on your own can be peace of mind in and of itself.
If you have been injured while serving in the military or developed a service related disability, you may be eligible for veterans disability benefits. A knowledgeable Charlotte, NC veterans benefits lawyer can advise you about your case and help you to pursue your claim, even if it has already been denied. If you're curious about what it's like to work with a Charlotte, NC veterans benefits lawyer, schedule a free case evaluation. No attorney fees are paid in veterans benefits cases unless that compensation is recovered for you. And payments cannot be taken from your future veterans benefits, only your previously awarded benefits or backpay.
Am I Eligible for VA Disability Benefits?
Those who have served in our country's military and sustained a service related injury and who have also been honorably discharged may be eligible for VA disability benefits. In order to qualify for disability benefits in the United States, you must have served in active duty for training or active duty in the uniform services, have been charged under conditions other than dishonorable, and have a minimum of a 10% disability of a disease or injury suffered while on active duty for training, in active duty training, or active duty. You must also submit evidence that you have a medical disability and that your disability is connected to illness or injury incurred as a result of military service.
Some reports show that the average VA disability claim takes nearly 200 days to be fully processed and the average VA disability appeal can take up to 747 days to process. The good news is that when you hire Charlotte, NC Veterans Benefits Lawyers, you can better understand these legal processes and put yourself in the best possible position to recover the compensation you're owed. The sooner that you speak with a lawyer the better, as you may be entitled to backpay for your veteran's benefits. And only in hiring a lawyer will you begin moving the process forward so that you can recover this compensation and begin to rely on it for financial purposes.
What If I Have Already Been Denied Veterans Benefits?
Do not give up hope if you have already been denied disability benefits by the VA. Approximately 30% of all disability claims are denied. However, one recent study completed by the National Center for Policy Analysis discovered that up to 60% of denials are made with errors. This is why a Veterans Benefits Lawyer in Charlotte, NC, can help you to identify the error and move forward with your appeal. In some cases, you may also be able to increase your VA disability rating to make sure that you get the maximum amount of benefits you are owed.
It is crucial to hire an attorney who has the right experience in getting veterans benefits paid out. You need someone who can advise you at each stage of your case and who can help you if you encounter unexpected challenges. Unfortunately, it is often very difficult for many people with legitimate veteran's disability claims to get approved or to fight through an appeal to recover compensation.
Pursuing an appeal usually occurs after you have received a denial letter. Many people give up hope at this point and decide not to pursue their claim, but a former service member, regardless of their circumstances in the disability claim, has the right to file an appeal to challenge the VA's assessment.
Usually, however, you need to appeal within a maximum of one year period from the date of the denial letter. There are several different appeals passed, open to veterans and picking the right one and doing so in a timely manner can be extremely important.
Requesting that the VA reopen your file and look at new evidence can be critical if they claim that there is a lack of connection between your condition and active duty service or insufficient medical information listed in your denial letter. If you continue to be denied, you may also request a hearing before an administrative law judge. This can involve a judge examining your case comprehensively. An experienced Charlotte, NC veterans benefits lawyer can also help you with this process.
Can Any Lawyer Handle My Case?
You retain the right to work with an attorney to submit your initial application for benefits or to help with appeals. Be wary of anyone who does not have extensive experience in the field of VA applications or appeals. You need lawyers at your side who know what it takes to get you these vital benefits. The lawyers at Morgan and Morgan have helped many other veterans get their benefits owed by pursuing appeals. When you work with us, we keep you informed throughout your case so that you know what to expect at each stage.
Get a veterans benefits lawyer who cares today. Contact us today for a free, no-obligation case evaluation to learn more about your options.