Veterans Disability Benefits: What Leads to a Denial?
Qualified Veterans Disability Lawyers Serving All of Long Island and New York City
Veterans are entitled to receive disability benefits for injuries, illnesses and conditions that were sustained or exacerbated by service. Claims must be submitted to the United States Department of Veterans Affairs (VA), who will evaluate the application and determine whether you qualify for benefits and assess the severity of the disability. However, the VA receives numerous applications for benefits. As such, they are very quick to deny claims that fail to satisfy certain requirements. Understanding the factors leading to denial can help you minimize the possibility of an adverse decision. Below are some common justifications used by the VA for denying claims. Contact our veterans disability lawyers as soon as possible if you have been denied benefits.
Submitting a Claim for Benefits
The VA is likely to deny claims that lack sufficient evidence. They receive a large volume of veterans’ disability claims. As such, they demand a comprehensive and well-supported application for benefits. If you submit an application that is inadequate (with respect to proper documentation, testimony, etc.), then the VA will have to act in accordance with the information presented. The VA may choose to deny the claim outright, undervalue the claim by incorrectly assessing the level of disability or they may process the claim correctly, but only after a long and burdensome processing delay.
Given the possibility of an adverse result, it is important for you to work with a qualified team of attorneys who understand how to properly prepare an application for veterans’ disability benefits that is likely to lead to a favorable result. Your claims must not only be submitted in a timely manner, but it must include supportive evidence (i.e., medical records, medical and vocational testimony, etc.). Here at Turley, Redmond, Rosasco & Rosasco, LLP, we have helped numerous clients in Long Island and throughout New York City develop and submit successful veterans’ disability applications.
Common VA Justifications for a Denial
As a veteran’s disability claimant, you must ensure that you follow all necessary procedural requirements, including deadlines. For example, if you do not appeal the VA’s adverse rating decision within 12 months, you will relinquish your ability to move forward with the appeals process.
Failure to Complete Mandatory Medical Exams
The VA will schedule mandatory medical exams to evaluate the severity of your disabling condition. Failure to complete these mandatory medical exams could lead to a denial of benefits.
Disability Insufficiently Severe
Veterans disability benefits are only available if the VA determines that you are at least “10 percent” disabled with respect to the severity of the disabling condition at issue. If your disability is deemed insufficiently severe (i.e., less than “10 percent”), the VA will likely deny the claim. If you disagree with the VA’s determination, contact our veterans disability lawyer for assistance.
Veterans who were dishonorably discharged are not entitled to receive disability benefits for their service-related disabilities. To avoid a denial, make sure that you present evidence of your honorable discharge as proof.
Disability Not Linked to Service
Only service-related disabilities are covered by the VA. For example, if you return on your way home from duty and you injure your spine while driving on the highway, that injury may qualify for veterans disability benefits.
Contact Our Veterans Disability Lawyers for a Free Consultation Today
If you have been denied veterans disability benefits, all is not lost. There are many options in appealing the decision.
A large percentage of veterans disability claims are denied (oftentimes in error), so it is important that you do not give up. Work with a skilled veterans disability lawyer who understands how to reposition your case to maximize the likelihood of a favorable result.
At Turley, Redmond, Rosasco & Rosasco, LLP, our attorneys have over 30 years of experience advocating on behalf of veterans and other disability claimants, helping them to develop and submit comprehensive, effective applications for benefits and guiding them through the appeals process, when necessary.
Ready to move forward with your claims? Call us at 877-693-2529 or complete an online intake form on our website to schedule a free initial consultation with a seasoned veterans disability lawyer at our various locations in New York. We have offices on Long Island and in Manhattan. We will evaluate your case and work with you to identify next steps.