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San Diego Veteran Disability Appeals Lawyer | VetLaw

Q: What Factors Influence Whether My Initial VA Disability Claim Is Approved or Denied?

The VA assesses each claim on a case-by-case basis. Generally speaking, your claim will be approved if you properly file the claim and submit all the necessary medical evidence that sufficiently connects your qualifying condition to your military service. This is easier said than done and your claim may be denied if any of the following are true: -Your claim lacked sufficient medical evidence -Deadlines were missed or you improperly completed your application forms -You had a pre-existing condition that was not exacerbated by service -VA decision makers attempted to minimize the extent of disability

Legally reviewed by Brendan Garcia , Partner and Lead Attorney

VA disability benefits provide much needed financial assistance to millions of disabled veterans across the country. Unfortunately, securing these benefits is neither a simple nor straightforward process. Every year, thousands of disabled veterans are unfairly denied VA disability benefits and unsure of where to turn for help. VetLaw is a premier veterans disability law firm serving individuals across the country. To speak with an experienced San Diego veteran disability appeals lawyer about your case, consider contacting our office at 336-355-8387 today.

Our Comprehensive Services

As a veteran of the United States Marine Corps, our founder and lead Attorney Brendan Garcia understands the frustration of the VA process. Bringing this knowledge and experience to his legal practice, VetLaw has grown into the law firm of choice for veterans across the country. We have the capacity to handle even the most complex cases, and we do not stop our work until we reach a favorable resolution for your case.

Many people feel that there is a barrier to access legal services due to financial constraints. With us, this is not the case. We use a “no win, no fee” structure, which means that you do not need to pay for our representation until your case is won. This helps ensure that legal guidance is accessible and available to all.

What Is the Veteran Affairs Decision Review?

If you were denied VA disability benefits for any reason, it is possible to appeal the decision and continue the case. This appeals system is referred to as Veteran Affairs decision review, which has effectively replaced the former VA legacy appeals process for recent decisions. Now, veterans have three unique avenues that can be used to appeal a VA decision, namely:

Submitting a Supplemental Claim to provide new or relevant evidence to support their case
Requesting a Higher-Level Review to have a senior reviewer assess your case
Using a Board Appeal to request a Board of Veterans Appeals hearing or direct review, or to submit additional evidence for a Veterans Law Judge to review.

It is important to note that you may utilize one or more of these options to appeal a VA decision, as necessary. Your San Diego veteran disability attorney will review your case and provide guidance on which Veteran Affairs decision review option is right for your case.

What Should I Do If Veteran Affairs Denies My VA Disability Case?

If your VA disability case was denied, you may feel disappointed and unsure of your next steps. It is important to continue your case, however, and fight for the benefits that you deserve. After reviewing your decision letter to understand why your case was denied, consider seeking legal assistance to start creating your legal strategy moving forward. The 2021 Annual Report from the Board of Veterans’ Appeals indicates that 38% of Veteran Affairs decision review appeals were granted. Clearly, overturning an unfair decision is entirely possible, assuming you take the proper steps after Veteran Affairs denies your VA disability case.

How Can a San Diego Veteran Disability Attorney Help Me Navigate the Veteran Affairs Appeals Process?

The Veteran Affairs appeals process is undeniably complex and difficult to navigate. Seeking legal assistance from a San Diego veteran disability appeals lawyer can ease the stress of the process and ensure that you make the proper next steps to successfully appeal a VA decision. Specifically, your attorney will be able to help with the following aspects of the appeals process:

Complete and file the necessary documentation to begin the Veteran Affairs appeals process
Work with you and your medical providers to secure the necessary evidence to support your case
Handle all communication with Veteran Affairs
Represent you during your Board of Veterans Appeals hearing
Ensure that all deadlines are met and all potential administrative pitfalls are avoided

When Should I Hire A San Diego Veteran Disability Appeals Lawyer to Help Me with My Va Disability Claim Appeal?

Many people are not aware that there are time limits associated with the Veteran Affairs appeals process. In fact, you have only one year to file an appeal after receiving your decision letter. This emphasizes the importance of timeliness and hiring an attorney to help with your VA disability claim appeal as soon as possible to ensure that the success of your case is not jeopardized.

Where Is the Closest Veteran Affairs Office to San Diego?

San Diego residents are located close to a Veteran Affairs office in their city. The VA Regional Benefit Satellite Office at Naval Medical Center San Diego is located nearby to offer assistance with disability benefits and other services.

What Factors Influence Whether My Initial VA Disability Claim Is Approved or Denied?

The VA assesses each claim on a case-by-case basis. Consequently, there are several reasons why your initial VA disability claim could be approved or denied. Generally speaking, your claim will be approved if you properly file the claim and submit all the necessary medical evidence that sufficiently connects your qualifying condition to your military service. This is easier said than done, however, and your VA disability claim may be denied if any of the following are true:

Your claim lacked sufficient medical evidence to prove that you are both less able/unable to work and that your condition is directly related to your military service
Deadlines were missed during the application process or you improperly completed your application forms
You had a pre-existing condition that was not exacerbated by your service
VA decision makers attempted to minimize the extent of your disability

At What Percentage Is a Veteran Considered Disabled?

Disability ratings are reflected in the form of percentages and are rounded to the nearest 10 percent. To be considered disabled based on the Veteran Affairs’ system, a veteran must have at least a 10% disability rating. A rating of less than 10% disqualifies a veteran for compensation benefits.

Hiring a San Diego Veteran Disability Appeals Lawyer Near You to Help You with Your Denial

Successfully securing VA disability benefits can feel like an impossible goal. If you are considering hiring a San Diego veteran disability appeals lawyer, or if you are seeking legal assistance for a loved one, VetLaw is here for you. We have spent nearly a decade working with disabled veterans and their families to obtain VA disability benefits. Still skeptical? We will provide you with a free case review to see if our services are a good match for you. Consider contacting us at 336-355-8387 to begin the process today.

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