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Denials of Veterans Disability Benefits

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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.

How Hiring a Lawyer Can Help Prevent a Denial 

The VA carefully scrutinizes all disability benefit claims, and even minor mistakes and oversights can leave you without the benefits you deserve. But, do you need to hire veterans disability lawyers? Or, if you take your time with your application, can you secure benefits on your own? Here are five reasons why you should hire a Long Island veterans disability lawyer to represent you:

1. You Need to Establish Your Eligibility

The fact that you are a veteran does not mean that you are automatically eligible to receive disability benefits from the VA. You must satisfy various eligibility requirements, and you must clearly establish your eligibility in your benefits application.

2. You Need to Prove that You Have a Service-Connected Condition  

You also need to be able to prove that you have a service-connected condition. While this will be fairly obvious in some cases, in others it can be far more difficult to convince the VA that your condition(s) are service connected and or you are entitled to compensation. In all cases, you need proof that your illness or injury is a result of your military service, and you must submit adequate supporting documentation of the cause of your condition. 

  1. You Need to Accurately Calculate Your Benefits

There are several different types of VA disability benefits, and you need to make sure you are seeking the right type of benefits based on your service and your medical condition. You must accurately calculate your benefits as well, as you need to make sure that you are receiving the full benefits you deserve.

4. You May Be Entitled to Other Benefits, Too

In addition to VA disability benefits, you could also be entitled to benefits from the U.S. Social Security Administration (SSA) and other government agencies. In addition to helping you apply for VA benefits, experienced veterans disability lawyers will be able to help you secure any other available benefits as well.

5. You Do Not Want the Process to Take Any Longer Than Necessary

Finally, if you need to collect benefits for a service-connected condition, you do not want the process to take any longer than absolutely necessary. Mistakes can lead to appeals, and appeals can lengthen the duration of the process significantly. An experienced Long Island veterans disability lawyer will be able to help you avoid time-consuming mistakes and ensure that you start receiving benefits as soon as possible.

Our Veterans Disability Lawyers Can Help with Common VA Justifications for a Denial

Completing an application for veterans benefits on your own could easily result in a denial of benefits. Unfortunately, even with the assistance of an attorney, the VA could reject your application. Our team of attorneys outline the most common reasons for denials and explain how we can help. 

Procedural Deadlines

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.

Dishonorable Discharge

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 Attorneys to Fight Your Denial 

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 the seasoned  veterans disability lawyers 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.

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