Just because a veteran receives a denial on a claim for disability benefits does not mean that they need to accept this outcome. A former servicemember who has received a denial of benefits from the Department of Veterans Affairs (VA) must generally file an appeal within one year in order to obtain disability compensation with the earliest possible effective date for purposes of back pay.
The Charlotte VA appeals process is not one-dimensional, as there are many steps involved with moving an application forward. VetLaw’s team of attorneys can help you identify the reason for your denial and what you need to do to seek a favorable outcome. We can help veterans obtain the benefits that they deserve.
Claimants who are seeking VA disability compensation benefits must satisfy two elements. First, it is essential to prove to VA that you suffer from a medically identifiable, disabling condition that causes some sort of functional loss. Many claims are met with denials for lack of proper medical documentation from healthcare professionals. Fortunately, one of our lawyers can help you demonstrate the scope and severity of your impairment in a subsequent application for benefits or in filing an appeal.
The second qualifying factor is proving a connection between your disabling condition and your time spent on active duty. Applicants who cannot adequately prove entitlement to service connection will face rejection from VA. As such, part of the Charlotte VA appeals process involves examining your active duty service records which indicate a specific incident that directly caused or led to your current medical impairment.
Every former servicemember who receives a denial on a claim for VA disability benefits has the right to file an appeal. A Supplemental Claim can be filed to reopen your case and allows you to submit additional evidence to support your claim. This option is particularly beneficial for claims that are denied for lack of medical evidence of a service-related injury. Other times, you may want to file for Higher Level Review of your denial. This option does not allow you to submit any additional evidence, but rather for another VA adjudicator to review your decision for error.
Finally, if you are met with a subsequent denial, you can file an appeal to the Board of Veterans Appeals and request a hearing before a Veterans Law Judge. This stage of the Charlotte VA appeals process allows veterans to submit additional evidence to support their claims following their hearing. We can help you evaluate your options for pursuing an appeal and choose the legal path that gives you the best chance of success.
Obtaining VA’s disability benefits can be difficult, and it is not uncommon for people to receive denials. Those who face rejection from VA would need to file an appeal to keep their cases moving forward. An attorney from our steadfast legal team can help you challenge the agency’s decision on your application for benefits.
We can work to identify the reason for the initial denial and recommend an appellate path that provides the best chance for a favorable outcome. We can also prepare you for any BVA hearings before a Veterans Law Judge. Contact our firm today to learn more about the Charlotte VA appeals process from a qualified professional.
Please fill out the form below, or give us a call, and we will get back to you as soon as possible. The more detail you can provide, the better we can determine if we can help you. (And even if we can’t take your case, we will do our best to offer other options, and point you in the best direction we can!)