Alabama Veteran Disability Appeals Lawyers
We’ve helped thousands of veterans nationwide appeal denied VA claims and win. If you have received a negative decision from the VA, Call for a free case review. If we don’t win, you pay nothing.
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Was Your Alabama VA Disability Claim Denied?
We have helped veterans in Alabama and throughout the nation appeal their denied VA disability claims. If you have received a negative decision from the VA – we can help! Our team will review your case for free to determine your best course of action.
The denial codes the VA uses can prove confusing and broad, especially if you do not regularly handle VA disability claims. Our expertise is valuable in clarifying and expediting the veteran disability claims process. Reach out to us by calling (855) 957-0520 or submitting an online contact form to schedule a free consultation.
Veterans Disability Claims in Alabama
There are three main criteria involved when determining if a veteran in Alabama is able to receive disability benefits from the VA. A veteran will need to prove that they meet each of these criteria in order to file their disability claim with the VA.
1. Definition of Veteran
The VA has specific requirements when it comes to meeting their definition of veteran for purposes of disability compensation. These requirements mainly include the period of service as well as the discharge type.
The minimum service period varies depending on when the veteran served, and the discharge type generally needs to be anything other than Dishonorable. Certain “Other than Honorable” discharges may serve as a bar to benefits as well, depending on the circumstances.
Benefits are typically reserved for injuries or illnesses acquired due to active duty service. Alabama veterans of the Reserves or National Guard may be able to prove disability benefits eligibility for health problems connected to active duty for training and specific medical issues that arose during inactive duty training.
2. Existence of Current Disability
When filing a claim with the VA, it is important to be very thorough and avoid vague information. A detailed list with full names, body parts, and symptoms for each disability you are seeking entitlement for is crucial for the VA to be able to confirm that you meet their criteria.
Generally, you’ll want to provide your complete medical records from private healthcare practices, as well as military or VA facilities. Not only does this help fulfill the VA’s formal diagnosis requirement, but it also provides evidence for your disability rating.
The VA will compare the symptoms a provider has documented to the Rating Schedule for the disability you are claiming. They want to ensure that the symptoms are at least as severe as the description for the 10% rating. Note that certain service-connected disabilities lack their own Ratings Schedule but are still recognized as compensable by the VA.
3. Disability is Service-Related
You must be able to connect your disability to your service. Providing the VA with complete medical records, documentation from your doctor, and a medical nexus letter in support of your claim will help them connect the dots on the cause of your disability.
A service connection can be a one-time event, such as a fall from an elevated surface, or a recurring condition, such as exposure to AFFF firefighting foam as a firefighter. This is particularly essential when your service-connected disability did not appear until after you left the military.
Veterans Disability Denials in Alabama
Remember, the VA handles a high volume of veterans disability claims -1.9 million in 2023 alone- so you want to make it easy for them to confirm your eligibility. If the VA believes you have not adequately met any of their three criteria, you will be issued a denial.
A denial can be issued for any of a variety of reasons, but one of the most common is the veteran’s failure to provide a medical diagnosis of their disability, or if the VA does not believe that the disability is service-related. Additionally, many Alabama veterans are denied ratings increases for existing claims.
The VA will provide a denial letter that will outline their reason or reasons, which will be crucial information when building a strategy to overcome the denial.
Your Alabama VA disability attorney will consider the most effective approach based on this information, as well as what other sources of evidence you have, how new VA regulations could impact an appeal, and what your priorities are.
Alabama Veterans Disability Appeals
A denial is not the end of the road – there are several options available to veterans in Alabama after they receive a denial from the VA. All veterans who receive a denial have the right to pursue an appeal.
Depending on whether your case is considered a Legacy Appeal, or if it falls under the rules of the Appeals Modernization Act, you will need to either file a Notice of Disagreement (NOD) or file a form to choose an appeal option.
These options include a Higher Level Review, Supplemental Claim, and a Direct Appeal to the Board of Veterans’ Appeals.
Supplemental Claims Allow Alabama Veterans to Add New Documentation of Their Eligibility
After receiving a VA denial, Alabama veterans may discover that they excluded pertinent evidence that could have swayed the claim decision. Maybe you located a lost medical record that fills in a gap and leads to a diagnosis.Â
Or, you found a fellow service member willing to write a buddy letter testifying that they also experienced hazardous conditions when they were stationed at the same military base you were.Â
Another possibility could be that you received medical test results that strengthen your case for a higher VA disability rating. An Alabama veteran disability appeals lawyer can ascertain if there is any additional credible evidence to submit that would actually influence the VA’s decision.
Higher-Level Reviews Reexamine Existing Evidence
Another option for Alabama veterans looking to appeal their disability claim decisions is a Higher-Level Review. Your Alabama veteran disability appeals lawyer may review your denial and come to the conclusion that your claim is already solid and a VA adjudicator with more skill or judgment likely would have made a different decision. A Higher-Level Review can provide this oversight.
Board of Veterans’ Appeals Provides Judicial Review in Alabama VA Disability Claims
A Direct Appeal to the Board of Veterans’ Appeals is by far the most intensive of the available options. There are several options a veteran can pursue when it comes to their appeal, including a formal hearing, or submitting additional evidence to be considered by the Board.
These formal hearings allow veterans to present their case before the judge who will then make the decision in their case. An experienced Alabama veteran disability appeals attorney will be able to assist throughout the entire appeals process. They can even represent the veteran at any Board meetings to help secure a favorable outcome.
Alabama VA Resources
Alabama is home to more than 350,000 veterans. They make up about 9.4% of the state’s adult population. In order to serve these veterans, there are numerous resources available.
This site is designed to help educate Alabama veterans about state and federal benefits that are available to them. Additionally, it provides resources for accessing these VA disability benefits.
There is a regional benefits office located in Montgomery. At this location, Alabama veterans can seek assistance with their VA benefits.
Veterans can also seek medical treatment from the VA for their service-connected injuries and illnesses. There are three VA medical centers located throughout Alabama:
VA DISABILITY BENEFITS CLAIM TYPES
INDIVIDUAL UNEMPLOYABILITY BENEFITS
- Individual Unemployability Appeals
- Individual Unemployability Back Pay Claims
- Individual Unemployability Denials
- Permanent and Total Disability Claims
- Total Disability Individual Unemployability
CHEMICAL & TOXIC EXPOSURE CLAIMS
Contact an Alabama VA Disability Lawyer Today
An Alabama Veteran Disability Appeals Lawyer’s role is to assist you throughout the confusing and often frustrating appeals process. Generally, the VA must deny you at least once before an attorney can assist you with your case. Once a lawyer is involved they will often be able to quickly determine what needs to happen to prove entitlement.
If your VA disability claim has been denied in Alabama, be sure to contact the VA Accredited attorneys at VetLaw right away. We can help advocate for the entitlement you deserve. Get in touch with us at (855) 957-0520 or fill out an online contact form to schedule a free consultation.
MOST COMMON PHYSICAL DISABILITIES
- Arthritis
- Arm & Shoulder Injuries
- Asthma
- Back Arthritis
- Back Pain
- Bronchitis
- Cancer
- Chronic Fatigue Syndrome
- Chronic Pain (Somatic Symptom Disorder)
- COPD
- Degenerative Disc Disease
- Diabetes
- Erectile Dysfunction
- Fibromyalgia
- Gastroesophageal Reflex Disease (GERD)
- Head Injury
- Heart Disease
- Hypertension
- Insomnia
- Irritable Bowel Syndrome (IBS)
- Joint Disorder
- Knee Pain & Injuries
- Lumbosacral Strain
- Migraine Headaches
- Military Sexual Trauma (MST)
- Neck Arthritis
- Neck Pain
- Non-Battle Injury
- Pes Planus (Flat Feet)
- Plantar Fasciitis
- Prostate Cancer
- Radiculopathy
- Rheumatoid Arthritis
- Scars
- Sciatica
- Sleep Apnea
- Spinal Fusion
- Spine Disorder
- Thyroid Disorder
- Traumatic Brain Injuries
- Tinnitus & Hearing Loss
- Varicose Veins
MOST COMMON MENTAL HEALTH DISABILITIES
If you have been denied VA disability benefits in Alabama, you should always speak with an experienced Veterans Disability Lawyer right away. They will be able to help you analyze the reasons for your denial. Also, they will assist you in gathering additional documentation to pursue the appeal path that is best for you.
Many service-related conditions grow worse over time. The VA can increase a veteran’s disability rating in order to better reflect their true disability. A veteran in Alabama can request that the VA reevaluate their rating. First, they must provide documentation showing that their medical condition has worsened since the VA determined their initial rating.
Winning a VA appeal in Alabama largely depends on the case you put together. In order to win your appeal, you will need to compile additional documentation proving your service-related injury. Working with an experienced Alabama VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and fully document each aspect of your claim.
Frequently Asked Questions
Should I get an Alabama lawyer for VA disability?
If you have been denied VA disability benefits in Alabama, you should always speak with an experienced Veterans Disability Lawyer right away. They will be able to help you analyze the reasons for your denial. Also, they will assist you in gathering additional documentation to pursue the appeal path that is best for you.
How do I maximize my VA disability in Alabama?
Many service-related conditions grow worse over time. The VA can increase a veteran’s disability rating in order to better reflect their true disability. A veteran in Alabama can request that the VA reevaluate their rating. First, they must provide documentation showing that their medical condition has worsened since the VA determined their initial rating.
What are the chances of winning a VA appeal?
Winning a VA appeal in Alabama largely depends on the case you put together. In order to win your appeal, you will need to compile additional documentation proving your service-related injury. Working with an experienced Alabama VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and fully document each aspect of your claim.
