Top-Rated Veteran Disability Denials Lawyer

Veteran disability claim denial is a persistent issue that affects thousands in need of disability benefits every year. The United States Department of Veterans Affairs (VA) has a responsibility to support veterans in the aftermath of their service but the demands of this lead to significant amounts of red tape that causes many legitimate veterans’ disability claims to be denied. 

Veterans can seek to fix this problem by filing an appeal but navigating the bureaucracy of this process, gathering evidence, and dealing with the VA can be extremely difficult to manage while also coping with a service-related disability. 

The veterans disability benefits attorneys of Bartlett Legal Group are now assisting clients who have had their veterans’ disability claims denied with the process of filing appeals and getting the VA disability benefits they deserve. 

Our team of veterans’ disability claims lawyers can assist you with every aspect of your appeal. This includes finding documentation to prove your claim to representing your interests in a Board of Veterans Appeals hearing. 

At Bartlett Legal Group, our VA-accredited lawyers offer free consultations and are ready to hear your story to best determine how to successfully appeal your claim after a disability denial. To contact Bartlett Legal Group, you can either call (850) 332-6434 or fill out a form on our contact page to schedule a free consultation.

Veteran looking at his laptop feeling stressed after the VA denied his disability benefits claim

Why Veteran Disability Claims Are Denied

As a bureaucratic process, veterans’ disability claims provide ample opportunity for issues to occur that can lead to a denial. 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 correctly fill out your VA disability claim forms correctly then you may have your claim denied. This means no skipping any sections of the form and verifying that the information that 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 the diagnosis of your condition by a doctor 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

What leads to many VA disability claims being denied is the quality or lack of evidence submitted to support the claim. If your evidence leaves room for doubt regarding any element of your claim such as your diagnosis or its correlation to your service then 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.

Young veteran in a wheelchair staring sadly out the window

Filing an Appeal After Your Veterans’ Disability Claim Has Been Denied

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 options a claimant can choose for their appeal. Depending on the reason for the disability claim’s denial and the circumstances of the case, a claimant may be more suited to choosing one of the following options over the other for the best chance at successfully appealing their claim’s denial. 

Higher Level Review: Your claim is reviewed again by a more experienced claim adjudicator

A Supplemental Claim: You can submit additional evidence to support your claim

Appeal to the Board of Veterans’ Appeals 

Direct review: Your claim is reviewed by a VA judge

Evidence submission: You can submit additional evidence to be reviewed by a VA judge

Board of Veterans Appeals (BVA) hearing: A VA judge hears your case in a formal hearing

You may be able to appeal a BVA decision with the Court of Appeals for Veterans Claims.

How Our VA-Accredited Veterans’ Lawyers Can Help Appeal Your Disability Denial

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. 

Contact the Law Office of Rebecca L. Bartlett About Your Veterans Disability Claim

At Bartlett Legal Group, we are now taking new clients with denied VA disability claims who wish to file an appeal. Our VA-accredited veterans’ disability lawyers at Bartlett Legal Group are dedicated to providing veterans with exemplary legal representation and helping them attain the disability benefits they need to address their conditions.   

To contact our team at Bartlett Legal Group to schedule a free consultation regarding your veteran disability claim, you can either call  (850) 332-6434 or fill out a form on our contact page
Veterans Disability Denials FAQs

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?

VA claim lawyers will typically work for a  contingency fee which is a percentage of the money they get for you after successfully appealing your claim. This percentage is usually between 20-30%. If your VA disability attorney fails to appeal your claim then you owe them nothing. 

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. 

Call us! And Let Our Experts Help.

We are veterans, spouses, and family members of veterans. We know exactly what you are going through. Let our compassionate, skilled team help you!