Top-Rated Veterans Benefits Attorney

Let Bartlett Legal Group help you prepare and submit your veteran disability claim to give you the best chance of getting the compensation you need.

After the American Civil War, President Abraham Lincoln asked America “to care for him who shall have borne the battle.”

This request led to the creation of the Department of Veterans Affairs, also known as the VA, which is responsible for administering pensions and disability payments and providing medical care for Americans who have served in the armed forces.

Unfortunately, a lack of funding, staff shortages, and poor administration have made it difficult for veterans who served our country to get even the simplest of benefits they are owed. Our veterans held up their end of the deal, and we must encourage the VA to hold up their end.

Because of these issues, seeking veteran disability benefits through a VA claim can often become a frustrating struggle, with claims being delayed, complicated, and even denied.

Luckily, there are ways to make sure your claims have the best chance of approval, that denials are turned into acceptances, and, if necessary, appeals are won so that vets can get what they deserve.

The experienced VA benefits lawyers at Bartlett Legal Group can assist you with resubmitting a veteran disability claim after a denial and appealing any undesired decisions to the courts.

Attaining the help of an accredited veterans’ disability law firm like us can provide a wealth of advantages when appealing a veteran disability claim denial. We know all the ways to get claims accepted, what evidence is important and what evidence is a hindrance, steps to take to get things to move along quicker, and lots of ins and outs that we have devoted our careers to.

To speak with a lawyer at Bartlett Legal Group, contact us today by filling out our online form or by calling 850-332-6434.

What is a Veteran Disability Claim?

A veteran’s disability claim is a formal request to the United States Department of Veterans Affairs to provide the claimant with veteran disability benefits. The process of filing a veterans disability claim begins with the filling out of an Application for Disability Compensation and Related Compensation Benefits ( VA Form 21-526EZ).

Most veterans filing a claim will fill out this form online. However, vets can also mail this completed form to the Department of Veterans Affairs, drop it off at the VA in person, or fax it. As of writing, the current estimated wait time for the VA to make a decision regarding a claim is 158.4 days, although this is subject to fluctuation.

After you send in your claim, the VA will review and investigate it. During this process, the VA may request that you submit additional evidence. If the VA approves your veteran disability claim, then the VA will provide information regarding your disability rating. This will determine the level of benefits you qualify for.

Who Can File a Veteran’s Disability Claim?

Not everyone is eligible to file veteran disability claims. Some disqualifying factors exist, and details regarding your service or condition can affect the potential for denying your claim.

In order to file a veterans disability claim you need to satisfy the following criteria. You must:

Have served on active duty, active duty for training, or inactive duty training in the United States Military.
Currently be suffering from an illness, injury, or other medical condition that affects your mind or body.
Have received an honorable or, under honorable conditions, discharge.

Furthermore, the nature of your condition’s origin can affect your eligibility for VA disability benefits.

To successfully file a veterans’ disability claim, your mental or physical condition must be either:

Caused by conditions you experienced during military service
Pre-existing, but your military service made it worse
Related to your military service but did not appear until afterward

Proving the fulfillment of these criteria is integral to your disability claim.

Providing evidence, such as a medical nexus, service records, etc., can mean the difference between success and the possible denial of your disability claim.

Common Injuries and Conditions In Veteran’s Disability Claims

Veterans can file disability claims with the VA for a wide range of injuries, including both physical and mental conditions. The following are the most common conditions veterans file disability claims over.

Veteran Presumptive Conditions

In many cases, veterans may have conditions that do not appear until after their service, such as certain cancers caused by exposure to carcinogens and toxic substances during service.

Conditions like these are known as presumptive conditions by the VA. The VA assumes factors during military service caused these injuries and illnesses. Therefore, the VA waives the requirement to prove the connection between the condition and your service.

Details on Receiving Veterans Disability Benefits

Should your veterans’ disability claim be successful, you can expect to receive veterans’ disability benefits, which consist of tax-free monetary payments ranging from $133 to over $3,400 every month, depending on your disability rating.

VA Disability Compensation

VA Disability Compensation is based on your disability rating, a classification of your condition’s severity based on what the VA thinks is the appropriate amount of compensation you should be provided for it.

Your disability rating will also affect eligibility for additional VA benefits.

The VA expresses disability ratings as percentages. Therefore, higher numbers indicate a more severe level of disability. The VA determines ratings using a VA claim exam (otherwise known as a Compensation and Pension exam) and evidence the claimant provides, such as medical records.

The amount of compensation available depending on your disability rating can be further augmented by additional factors such as having dependents, disabled spouses, the number of parents in a family, and the age of dependents.

Special Monthly Compensation (SMC)

Veterans may be eligible to receive special monthly compensation (SMC) in addition to their other VA disability benefits. SMC is additional compensation for veterans suffering from more severe conditions that affect their quality of life and require more help, such as lost limbs.

Dependency and Indemnity Compensation (DIC)

Veterans themselves are not the only party that can receive benefits. The survivors of veterans who have died as a result of health conditions they suffered due to their time serving may be eligible to receive Dependency and Indemnity Compensation (DIC). This applies to surviving family members such as spouses, children, and other dependents.

Clear and Unmistakable Error Claims (CUE)

A Clear and Unmistakable Error (CUE) claim is a special type of appeal for veterans who believe that the VA made a significant mistake when deciding their disability benefits. If a veteran can prove that a clear and unmistakable error occurred in a past decision, it can result in the reversal or adjustment of their benefits, potentially leading to higher compensation.

Total Disability Individual Unemployability Benefits (TDIU)

Total Disability Individual Unemployability (TDIU) benefits provide additional compensation for veterans who are unable to maintain substantial employment due to their service-connected disabilities. Veterans approved for TDIU may receive compensation at the 100% disability rate, even if their actual disability rating is less than 100%, based on their inability to work.

Pension for Low-Income Veterans (VA Pension)

The VA offers a pension program for veterans with limited incomes who meet certain age or disability requirements. This pension provides financial assistance to qualifying veterans, ensuring that those who served honorably and are now facing financial hardship can receive the support they need for daily living expenses.

Combat-Related Special Compensation (CRSC)

Combat-Related Special Compensation (CRSC) is a benefit available to retired veterans who have combat-related injuries. CRSC provides tax-free compensation for veterans whose disabilities are directly linked to combat or hazardous duties. It allows these veterans to receive both their military retirement pay and VA disability benefits without offset.

Concurrent Retirement and Disability Pay (CRDP)

Concurrent Retirement and Disability Pay (CRDP) allows certain veterans to receive both military retirement pay and VA disability compensation at the same time, without any reduction in their retirement pay. This benefit is available to veterans with a VA disability rating of 50% or higher and helps ensure that retired veterans receive the full compensation they are entitled to.

Other Veteran Benefits

Specially Adapted Housing (SAH) and Special Home Adaptation (SHA) Grants

These grants provide financial assistance to veterans with severe service-connected disabilities, enabling them to adapt their current home or purchase a new one that meets their specific needs for independent living. Eligible veterans, including those who have lost the use of their limbs, are blind, or face significant mobility challenges, can benefit from these grants to create a more accessible and safe living environment.

Automobile Allowance and Adaptive Equipment

The Automobile Allowance provides financial support to help veterans with service-connected disabilities purchase a specially adapted vehicle. Veterans who are eligible, such as those who have lost limbs, have immobility, or suffer from other qualifying disabilities, can also receive adaptive equipment to enhance their ability to drive or ride in the vehicle safely and comfortably.

VA Clothing Allowance

The VA Clothing Allowance is an annual benefit designed to help veterans offset the cost of replacing clothing that gets damaged due to prosthetic or orthopedic devices or medications used to treat skin conditions caused by service-connected disabilities. Veterans who qualify for this benefit include those who rely on these devices or prescribed treatments and experience additional wear and tear on their clothing as a result.

What Evidence Do I Need to Support My Veteran Disability Claim?

When filing a VA disability claim, the strength of your evidence can significantly impact the outcome. Proper documentation not only substantiates your case but also paves the way for a smoother claims process. Gathering comprehensive and detailed evidence is crucial to demonstrating the impact of your service-related conditions on your life.

VA Medical Records

VA medical records are pivotal in establishing a connection between your medical condition and your service. These records should include any diagnoses, treatments, and evaluations conducted by VA healthcare professionals. They are crucial for showing either the onset or the worsening of your disabilities over time.

Private Medical Records

In addition to VA records, private medical records can provide further evidence of your conditions. These documents can offer additional insights from non-VA healthcare providers, covering any treatments and assessments related to your claims. They can be especially beneficial in highlighting diagnoses and treatments that may not be captured in VA records alone.

Supporting Statements

Supporting statements from those who know you well can add a personal perspective to your claim. Testimonies from family members, friends, clergy, or fellow service members can provide firsthand accounts of how your condition affects your daily life.

Therefore, these statements can offer valuable insights into the circumstances of your condition and its progression.

Military Service Records and Other Documents

Documents such as your discharge papers (DD214) and service treatment records are essential in establishing a service connection for your disabilities. These records verify your service history and any medical conditions noted during your time in the military. Consequently, they are integral to proving that your disabilities are related to your service.

Compiling this evidence can be a daunting task, but it is vital for a successful claim. Depending on your case, you may need to gather these documents independently. Alternatively, you can seek assistance from a legal expert who can help streamline the process.

Veterans Disability Claim Denials

Just like any other bureaucratic process, veterans’ disability claims can be denied for many reaosns. At the sight of any issue with your paperwork, evidence, or observation of procedure, the VA may deny your claim.

Fortunately, the VA will provide the specific reason for your claim’s rejection so that you can potentially clear up any discrepancies and other issues. The following are some of the most common reasons why the VA denies veterans disability claims.

Problems With Your Veteran Disability Claim Paperwork

Ensuring your VA disability claim paperwork is airtight down to the last dotted “i” and crossed “t” is a major component of a successful veterans disability claim. The VA will find any issue with your paperwork that may exist.

You Submitted the Wrong Forms

There are actually several ways to file a VA disability claim. Now, most veterans file their disability benefits claims online through the VA’s website but some choose to or have no other option but to file a paper form. Filing a paper VA disability claim through the mail can result in some veterans having their claim denied because they submitted the wrong forms.

Veterans filing for disability benefits compensation must file VA Form 21-526EZ, “Application for Disability Compensation and Related Compensation Benefits”. There are also additional forms that vets may need to submit to the VA. If the veteran mixes the paperwork up, the VA may deny the claim.

For example, if you are filing a disability claim for Post-Traumatic Stress Disorder (PTSD) by mail with a paper form, then you will need to file VA Form 21-0781.

Your Veterans’ Disability Claim Forms Have Incorrect Information

If you fail to fill out your VA disability claim forms correctly, your claim may be denied. This means not skipping any sections of the form and verifying that the information you provide is accurate.

Missed Filing Deadlines

Vets do not have a deadline to file an actual VA disability claim. However, there are some deadlines for other parts of the process that you can miss and consequently cause a claim denial. For example, there are deadlines for sending additional forms related to your claim.

Your Disability is Not Considered to be Service Connected

In order to get veterans disability benefits, you need to be suffering from a physical or mental health condition related to your service in the military. The VA denies many claims when they find reason to believe a condition is not service-related, usually because there is no clear and direct correlation that can be proven between the two.

This can be avoided with the presentation of enough quality evidence, such as a doctor’s diagnosis of your condition who can detail how your condition must have been caused or aggravated by your time in the service.

Your Condition Was Pre-Existing

VA disability benefits are available to those with conditions that existed before they served but those conditions had to have been provably aggravated by their time in the service. If you have a pre-existing condition that was not worsened because of your military service then your claim can be denied.

Your Condition’s Symptoms Are Not Considered Severe Enough

The VA provides disability ratings for conditions veterans are seeking benefits for so that they can determine the amount of appropriate compensation on a scale. These disability ratings are done on a percentage basis with 0% being ineligible for disability benefits.

If the VA deems your condition not severe enough your rating may be this low and you will be ineligible for disability benefits. However, there are other veterans benefits you may still be able to seek such as VA healthcare, travel pay reimbursement, and more.

Insufficient Evidence In Your VA Disability Claim

Many VA disability claims are denied due to the quality or lack of evidence submitted to support them. If your evidence leaves room for doubt regarding any element of your claim, such as your diagnosis or its correlation to your service, the VA will seize on it and deny your claim for disability benefits.

The best way to avoid this is through carefully compiling strong evidence that covers all the bases of your claim. Medical evidence is some of the most important documentation you can provide.

It is essential that your doctor specifically diagnoses the condition you name in your VA disability benefits claim and that they correlate it to your time in the service. The absence of these components will result in a disability claim denial.

If you check your VA claim status and find that the VA has denied it, that does not mean that all hope is lost. Veterans can still appeal the ruling on their claim in several ways.

Veteran Disability Claim Appeals

Even if your veterans’ disability claim has been denied, there is still the possibility that you can attain disability benefits after appealing your claim.

Filing a disability claim appeal can clear up any discrepancies that the VA may have taken issue with by allowing you to submit additional evidence, have your claim reevaluated, and more.

There are several routes to an appeal. Depending on the reason for the disability claim’s denial and the circumstances of the case, one option over the other may be more suited to having the best chance at successfully appealing a claim denial.

Veterans have one year from the day their disability claim was denied to file an appeal. This is done by submitting a Decision Review Request to the VA. After this is filed and received by the VA, then veterans have four options to proceed with their appeal.

Higher Level Review

This route allows your claim to undergo a secondary review by a more senior claim adjudicator than the one who initially reviewed your case. This ensures a more thorough evaluation of your claim and guarantees fairness in the decision-making process. The higher level reviewer will examine all the evidence submitted during the initial claim without considering any new evidence. Their goal is to identify any errors in judgment or procedure that might have led to the denial of your claim.

Supplemental Claim

In cases where you have new and relevant evidence that wasn’t included in your original claim, the Supplemental Claim lane allows you to submit this additional evidence. This evidence could be new medical records, statements from experts, or any other documentation that supports your claim. The VA will then reevaluate your claim taking into consideration this new evidence, which could lead to a different outcome.

Board of Veterans Appeals (BVA)

Choosing this route means your case will be reviewed by a Veterans Law Judge at the Board of Veterans Appeals. This formal hearing allows you to present your case in person, through a video conference, or based on the record without a hearing. It provides an opportunity to further explain your situation, present new evidence, and have legal representation to argue your case. The BVA has the authority to overturn previous decisions or remand the case back to the VA for further action based on procedural errors or the need for additional evidence.

Court of Appeals for Veterans Claims (CAVC)

You may be able to appeal a BVA decision with the Court of Appeals for Veterans Claims.Even if your veterans’ disability claim has been denied, it’s important to understand that the door to obtaining disability benefits isn’t closed. The appeals process exists precisely for situations like this – to provide veterans an opportunity to contest the decision made about their disability claim. By opting to appeal, you have the chance to address and rectify any issues or discrepancies that may have led to the initial denial of your claim. This process allows you to submit new or additional evidence, have your case reevaluated by different personnel, and potentially reverse the decision that was made.

Each of these appeal routes has its own set of requirements, deadlines, and procedures. It’s crucial to understand these details to make an informed decision about which path to pursue. Additionally, consulting with a legal professional who specializes in veterans’ disability claims can provide valuable guidance through the complex appeals process, ensuring your case is presented in the most effective way possible.

Why You Should Hire a VA Benefits Lawyer to Help With Your Appeal

Getting the assistance of an experienced VA disability attorney can mean the difference between getting the disability benefits you need and a failed appeal. A VA disability lawyer can provide valuable insight that will not only pertain to the success of your appeal but also to the maximizing of your potential benefits.

Most of all, having a VA lawyer on your side means you no longer have to hold the entire burden of taking care of a claim appeal on your own. The process is demanding and those dealing with the stress and difficulties of disabilities should not have to face these challenges alone.

The United States military emphasizes how multiple people working together toward a common goal can achieve more than an individual. Your appeal is no different and will benefit from the involvement of an experienced VA attorney working with you.

How a Veteran Disability Claims Lawyer Can Help

Seek professional legal representation if you have had your VA disability claim denied. If your claim was denied then that can signal that there are some serious complications regarding your claim that you should not handle alone and will necessitate the assistance of a qualified veterans’ disability claims lawyer.

With VA disability benefits on the line, it is in your best interest to pull out all the stops and not leave things to chance. An experienced veterans’ disability lawyer will be able to work with you through every step of the VA claim appeals process.

We can help you not only successfully appeal your claim but also get an appropriate disability rating to adequately compensate for your mental or physical condition. To do this, your VA disability claim denial lawyer will help you gather evidence, assist you with paperwork, and help you navigate the red tape of the appeals process while looking out for your interests

Here are several ways we can help you:

Navigating the Appeals Process

Our team guides veterans through the complex appeals process for denied claims, including helping them understand the basis for denial, gathering necessary documentation, and submitting appeals. This includes choosing the right appeal path to pursue, such as a Higher-Level Review, a Supplemental Claim, or appealing directly to the Board of Veterans’ Appeals.

Gathering and Submitting Evidence

Lawyers can help identify and gather critical evidence to support a veteran’s claim for VA disability benefits. This might include medical records, service records, expert opinions, and lay statements. Our veterans’ disability claims attorneys will ensure that all documentation is thoroughly and correctly submitted to bolster your case.

Legal Representation

As veteran benefits lawyers, we represent veterans in hearings, whether they are in front of the Board of Veterans’ Appeals, the Court of Appeals for Veterans Claims, or other relevant forums. Our expertise in veterans’ law and procedural rules can be crucial during these proceedings.

Advising on Potential Benefits

Many veterans are unaware of all of the VA disability benefits they are eligible for. However, a knowledgeable veterans disability claims lawyer can provide advice on a range of benefits, including disability compensation, pension programs, education benefits, and healthcare services. Our team makes it a point to ensure the veterans we serve are fully aware of their entitlements.

Filing for Increased Benefits

Veterans who believe their disability rating does not accurately reflect their condition can benefit from a VA-accredited lawyer’s skills. If you want to file for increased compensation for your service-related condition, then our team can assist you in demonstrating how your disabilities have worsened over time.

Handling Complex Cases

Our veteran disability claims lawyers are particularly helpful in navigating complex cases, such as claims involving PTSD, TBI, exposure to hazardous materials, or service-related conditions that have worsened over time. We understand the nuances of the VA’s claims process and can build a strong case that acknowledges your claim’s complexities.

Avoiding Delays

Experienced lawyers like our team can help veterans avoid common pitfalls and delays in the VA disability claims process. We’ll ensure that all paperwork is complete, accurate, and submitted on time. Our veterans disability benefits lawyers can also help keep your claim moving forward by staying on top of deadlines and promptly responding to VA requests.

Contingency Fee Basis

Like many veteran benefits lawyers, our team at the Bartlett Legal Group works on a contingency fee basis. That means we only get paid if we win the case for the veteran. This arrangement makes legal assistance more accessible to veterans seeking help.

Emotional Support and Understanding

Navigating the VA benefits system can be frustrating and disheartening. We believe that having a VA-accredited lawyer who understands the system and is on the veteran’s side can provide crucial emotional support and reassurance during the process.

Correcting Errors

If the VA denied your veterans disability claim due to errors in the original application, such as missing or incomplete information, or misunderstandings involving your service record and medical history, an attorney can be a great resource. Our veteran benefits lawyers can help correct these issues and present your case more effectively.

As you can see, there are many advantages to hiring a veteran benefits attorney. Our team of lawyers at Bartlett Legal Group are up-to-date on the latest laws, VA regulations, and procedures that can impact whether you get the disability benefits you need to take of yourself and your family.

Contact Bartlett Legal Group About Your Veteran Disability Claim

Getting the benefits you deserve as a veteran might seem easy at first. You see a doctor, get your conditions documented, and send off your claim to the VA.

But it’s not always that simple. There are a lot of little details in the process of securing disability benefits that can easily trip you up. A tiny error on your application can lead to endless back-and-forths with the VA as you try to prove that your disabilities are service-connected.

Bartlett Legal Group is invested in the well-being of veterans and their access to the disability benefits needed to support their lives post-military service. Our team is dedicated to providing the best possible service to clients because of this belief in the necessity of support to veterans.

If you or a loved one are experiencing difficulty with the VA after filing a veterans’ disability claim, then consider contacting Bartlett Legal Group. Our team will work with you every step of the way to ensure that your concerns are heard and that your right to compensation for your injuries is observed.

To contact Bartlett Legal Group to schedule a free consultation about your veteran disability claim, call 850-332-6434 or fill out our scheduling form on our contact page.

Veteran Disability Claim FAQS

How long does a VA appeal take?

VA disability claims can take several hundred days to complete and appeals can often take even longer. Do not go into the appeals process expecting a brief wait time. The length of the appeals process varies depending on why your claim was denied, your choice of appeals process, and your injuries.

The only scenario in which you can expect a relatively short wait time is one where there was some kind of clerical error or human error during the evaluation of your claim and the credibility of your claim is not what is in question. However, Clear and Unmistakable Errors are rare.

On the other hand, those seeking a hearing can end up waiting years for the resolution of their appeal. Some may choose to go through several appeals processes after repeated denials which takes longer.

How long do I have to file an appeal after my veterans’ disability claim was denied?

You have one year after the day that your disability claim denial was mailed to you to file your appeal. The time window begins the date the denial decision was mailed and not the day you receive your denial decision notification. You can find the date of mailing of the denial on the actual letter.

How much does a veterans’ disability claim lawyer cost?

Your VA disability claims lawyer will not demand upfront fees or charge you by the hour. Instead, they will work for a contingent fee that will be taken out of the compensation they attain for you in the form of a percentage. This percentage is required by law to be considered reasonable and most veterans disability benefits lawyers will request somewhere between 20-33%.

Since this fee is a percentage of the compensation they get for you, VA disability claims lawyers will get nothing if they fail to get your claim appealed. The fees you pay them are also to be taken from past-due benefits and not the benefits you receive in the future.

Which claim appeal option is the most successful after a disability denial?

Each avenue available in the VA claim appeals process is suited for a different situation. When deciding how you will appeal your claim denial you will have to weigh the pros and cons of each. The assistance of a veterans disability claims attorney is an immense benefit here since their experience can help you determine how you can proceed with the best chance of success.

Can I file another VA disability claim if my symptoms or condition gets worse?

Yes. It is possible to seek additional compensation for your disability if your condition worsens. Veterans with worsening disability conditions can file a new claim to seek an increase in their disability rating.

What should I expect in a free consultation?

During the initial consultation, your veteran benefits lawyer will review your case details, discuss potential strategies, and outline how they can support your claim. This appointment is also a great opportunity to ask questions and understand the legal process better.