Too often, the Department of Veterans Affairs (VA) wrongfully denies disability benefit claims for the men and women who served this country. In several cases, these benefits can be of vital importance to veterans who are depending on them. A benefits claim can be denied for a variety of trivial reasons, such as mistakes on the form or lack of information. Sometimes, claims are just outright denied by the VA without any sound reason at all.
Whether you are filing an initial claim, appealing a denied claim, or appealing an insufficient benefits award, our attorneys can help you through the difficult steps of a veterans’ claim process. We recognize that qualifying for veterans’ benefits can sometimes be a tiresome process. Minor errors on the application paperwork can lead to unnecessary delays and, in some cases, a denial of benefits.
At Morgan & Morgan, our veterans’ benefits attorneys understand the procedures of the Department of Veterans Affairs and can help make sure your application for disability benefits complies with all necessary rules and regulations. If you believe you were wrongfully denied benefits by the VA office in Prestonsburg, we can help. To learn more on what our Prestonsburg veterans’ benefits attorneys may be able to do for you, please fill out our free case evaluation form today.
How a Prestonsburg Attorney Helps Veterans
A veterans’ disability attorney can help you navigate the appeals process as quickly as possible. The VA frequently denies legitimate claims or awards an inadequate benefit amount because of mistakes made on application forms or because of the applicant’s failure to demonstrate the extent of their injuries.
While claimants can appeal a denied claim, according to a report issued by the Government Accountability Office, the VA appeals process can take as long as 25 months. At Morgan & Morgan, our veterans’ disability attorneys can help you make a compelling case to improve your odds of qualifying for VA benefits early in the multi-level appeals process.
Review by the Local VA Office: If your claim for benefits is denied by the Prestonsburg VA office, an attorney may be able to help you file a Notice of Disagreement with the VA regional office. Generally, the deadline for filing a Notice of Disagreement is one year from the mailing date of the letter that informs you of the denial of benefits.
Personal Hearing: After you have filed a Notice of Disagreement, a decision review officer at the Prestonsburg VA office will review your file and case. When the Notice of Disagreement is filed with the VA regional office, you can specify whether you want to have a personal hearing conducted. A personal hearing is an informal hearing conducted by the decision review officer who will review your claim. A veterans’ disability attorney can help you determine if a personal hearing should be requested in your case.
Appeal to the Board of Veterans’ Appeals: If your claim has been improperly denied after it has been reviewed by the Prestonsburg VA office, a veterans’ benefit attorney can help you appeal the denial to the Board of Veterans’ Appeals. You will have the option of selecting a hearing with a traveling administrative law judge, a hearing via video conference, or a hearing at the VA office in Washington, D.C.
File a Claim with the U.S. Court of Appeals for Veterans’ Claims: This is the final step in the appeals process. If your claim is erroneously denied by the Board of Veterans’ Appeals, then your attorney could file a Notice of Appeal with the United States Court of Appeals for Veteran Claims. A judge will review the claim and your attorney may present medical evidence proving your disability during an oral argument before the court.
Types of Injuries That Qualify for Disability Benefits
Generally, a veteran must be at least, by quantifiable measures, 10 percent disabled by injuries that were incurred in or aggravated during active duty, training, or inactive duty training to qualify for benefits.
A veteran may also qualify for VA benefits for post-service disabilities that are related to disabilities that occurred in service. If a veteran has dependents, an additional allowance may be added if his or her combined disability is rated 30 percent or greater.
Our Prestonsburg attorneys have experience helping veterans who have the following injuries receive disability benefits from the VA:
- Post-Traumatic Stress Disorder;
- Exposure to Toxic Chemicals;
- Back and Spinal Injuries;
- Gulf War Syndrome;
- Medical Conditions Caused by Exposure to Depleted Uranium;
- Traumatic Brain Injury;
- Tropical Diseases, such as dysentery and malaria;
- Gunshot Wounds;
- Shrapnel Wounds from Improvised Explosive Devices; and
- Knee, Leg, and Arm Injuries.
If you suspect your claim has been improperly denied by the VA, a Prestonsburg veterans’ disability attorney can review your medical condition and determine if an appeal should be filed. To learn what our Prestonsburg veterans’ benefits attorneys may be able to do for you, please fill out our free case evaluation form today.