The Sunshine State is home to more than 1.5 million veterans many of whom have suffered physical and mental injury while honorably serving our country. Unfortunately, many veterans’ pension disability benefits are denied.
Filing a Claim
While filing a VA claim in Tallahassee is relatively straightforward, even minor mistakes can result in denied benefits.
Thus it is in your best interests to follow these steps:
- Gather information — Prior to contacting a lawyer, it is a good idea to gather information pertinent to your claim. If possible, collect service medical records, DD Form 214, marriage certificate, private physician’s records, birth certificates of children, copies of dependents’ Social Security cards and all applicable photographs.
- Contact a reputable attorney — Unless you have a background in law, you need an attorney. The legal process can become extremely technical and without proper counsel you may be overwhelmed. At the very least, a veteran’s benefits attorney can provide you with a case evaluation to determine if you have a strong claim.
- File — Let your veteran’s benefits lawyer walk you through the Tallahassee application form to ensure no errors exist.
If your claim is denied, you have one year from the date of denial to file an appeal. The appeal process can be started by filling out and submitting a Notice of Disagreement (NOD), a document your attorney can help you complete.
Reasons Claims Are Denied
In 2010, The American Legion review team found that there was an error rate of 20-30 percent by The Department of Veteran Affairs (DVA) in handling claims. This number is a national average and in some states, the error rate is much higher.
The following are a few other reasons the DVA may deny your claim:
- You may not have submitted sufficient medical evidence to support your claim of disability.
- While the DVA may acknowledge that you have a service-related injury, they may misclassify it as being less severe that your actual condition.
- The DVA may determine that your disability was a pre-existing condition completely unrelated to your military career.
- They agree that you have a disability but do not see sufficient evidence to prove the disability is related to your military service.
Contact an Experienced Veteran’s Benefits Law Office in Tallahassee
Men and women in the military who suffer injuries fighting for our country shouldn’t have to come home and fight for benefits. Our tenacious attorneys at Morgan & Morgan are privileged to provide you with competent counsel at every turn of your veteran’s benefits case. To speak to an experienced claims attorney today, call (850) 329-6895 or contact us online.