For a veteran to recover disability benefits from the VA, their claim must show that they meet the three prongs required to obtain VA disability benefits. First, the veteran must meet VA’s definition of a veteran for purposes of disability compensation. This includes both a minimum period of service, which may vary depending on when the veteran served, as well as a discharge other than Dishonorable.
Second, demonstrating the existence of a current disability is key to submitting a successful claim. Many veterans may be vague or list incomplete information when filing their claim, which only makes it easier for VA to simply dismiss and reject your claim. When filing your VA application, list complete names, and body parts for each disability that you are seeking entitlement for.
Finally, tell VA why your condition is related to service. If you expect VA to figure this out through their so-called “duty to assist,” you will be more likely to receive a denial than if you provide a complete list of medical records and have your doctor provide documentation, including a medical nexus letter, in support of your claim. Although a VA disability claims lawyer is not typically involved in the filing of an initial claim, we hope that this information is helpful to you in preparing a successful claim.
Filing a successful veterans disability claim can be a complex process, and it can take a lot of time and effort to research the necessary qualifications and gather the evidence needed to win without filing an appeal. This process can be especially overwhelming for claimants suffering from severe physical or mental disabilities.
Unfortunately, attorneys are typically unable to assist veterans with initial claims; however, under the Appeals Modernization Act an attorney can assist you with a Supplemental Claim, so long as it is not the first application for benefits ever filed with VA. In that case, our team of experienced veterans disability claims attorneys can assist you with gathering the necessary evidence to help prove your case.
Veterans who suffer from an illness or injury related to their active duty military service are entitled to receive VA disability compensation. Do not let anyone tell you that you do not deserve the benefits that you earned while serving our country. Unfortunately, VA denies many veterans who are entitled to receive compensation; however, VetLaw’s experienced team can help you cut through the red tape and overcome VA’s unnecessary and overly burdensome requirements.
Whether or not you receive veterans’ disability compensation may depend on some of the choices you make during your claim and appeal that you may not think about until you are far along in the process. We highly encourage you to contact our team of experienced veterans disability claims lawyers and staff members who can assist you in evaluating the documentation you already have and navigating through the confusing VA process while providing advice along the way. Don’t hesitate to call VetLaw anytime to receive a free case review.