Florida Veteran Disability Appeals Lawyers
With expert legal advice from VetLaw, Florida veterans have overcome VA denials to obtain the disability benefits they were entitled to. Learn more about the process of filing an appeal directly from one of our seasoned veterans disability appeals lawyers in a free consultation.
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Help for Florida Veterans Facing a Denied VA Disability Benefits Claim
Wading through the VA appeals process on your own can often produce less than satisfactory results. At VetLaw, we recognize what you are up against, and we have provided invaluable legal assistance to numerous Florida veterans in your position that has helped them overturn a VA denial of benefits.
At VetLaw, our Florida veterans disability claims attorneys are capable, relentless, and invested: the combination you need in an advocate. We lay a strong foundation for an appeal from the outset because we recognize that our clients don’t have time to waste. For injured vets, every bump in benefits matters.
Our VA-accredited veterans disability appeals lawyers are ready to serve Floridians who are eligible for disability benefits based on a service-related injury. Schedule a free case evaluation with us by calling (855) 434-2492 or filling out our online contact form.
Eligibility Requirements for Florida Veterans
To maintain the sustainability and integrity of the benefits system, the VA sets standards for who can receive disability benefits. Failure to demonstrate that each of the following provisions applies to you will likely result in your disability benefits claim being denied by the VA.
1. Verify That You Are a Veteran Under the VA’s Terms
When it comes to issuing disability benefits, the VA’s definition of “veteran” is more narrow. Although there are specific exceptions, you generally need to have completed your full contract or at least 2 years active duty service for the VA to recognize you as a veteran.
If you received a Dishonorable discharge, you may be barred from receiving disability benefits even if you fulfilled your contract.
2. Establish That You Suffer From a Disability
Your veterans disability benefits claim has to be based on a current injury or illness. It also needs to be backed by a medical diagnosis. This can include a variety of disabilities, from mental conditions like PTSD to physical conditions like sleep apnea.
For your disability rating, the VA will make a determination based on the severity and outlook of your condition.
3. Link Your Disability to Your Time in the Military
Military service is often synonymous with serious injuries, but the burden is on you as the veteran to prove that your disability is a consequence of your service. There are many ways to go about this. For example, submit a buddy letter from a fellow service member who witnesses you sustain your injury.
Evidence You Can Use to Build a Veterans Disability Claim Appeal
When evaluating a disability claim, the VA requires convincing evidence of eligibility. To construct an appeal that will withstand VA scrutiny, you want to offer evidence that draws clear connections between your mental or physical condition and an in-service cause.
These are a few sources you can use to create a credible veterans disability claim appeal:
Medical Records: Any records of in-service medical treatment, assessments and treatments from private healthcare providers, and care rendered at VA medical facilities can be valuable. These records can include anything from X-rays to blood test results to surgical notes. In conjunction with a C&P exam, this information helps the VA determine what disability rating your service-related condition warrants.
Military Service Records: Your discharge paperwork can verify that you fulfilled the VA’s service requirements for veterans disability benefits. Military service records can also prove that you experienced an in-service incident that led to your disability, as they contain information on where you were stationed and how you were injured.
Statements: Individuals with knowledge of your disability and its impact on your life can offer statements in support of your Florida veteran disability appeal. For instance, a co-worker, spouse, boss, friend, or fellow service member could provide details that support your claim.
These are the standard forms of evidence veterans use to appeal VA decisions. However, they are not the only types of documentation you can present. Your Florida veteran disability appeal lawyer can recommend what records to submit to support your appeal, including less conventional forms of evidence.
Disability Claim Denials Are a Part of the Process for Many Florida Veterans
A denial from the VA is a setback to getting your disability benefits, but it doesn’t have to be a permanent obstacle to accessing the compensation you have earned.
Denials can be triggered by errors of any size. The VA may be identifying an easy fix rather than expressing doubt about the validity of your entire case. As the veteran, it is your responsibility to rectify any issues with your claim if you want to receive benefits.
Consequently, you will likely need to file an appeal. It’s better to initiate this process sooner rather than later. Generally, it takes the VA months or years to process an appeal and provide a decision.
As complex as filing a veterans disability claim can be, making an appeal is on another level. Florida veterans are best served by a VA-accredited disability appeals attorney at this stage.
Florida Veterans Have Recourse Under the VA’s Appeals System
You have certain rights as a Florida veteran. This includes the right to appeal if the VA has denied your claim for disability benefits. The VA’s appeals system was revamped a few years ago. Vets should check whether they are eligible under the Legacy appeals process or the Appeals Reform guidelines.
Then, it is a matter of figuring out what mistakes you need to correct or information you need to provide. This will inform what type of appeal you file. There are a few types of appeals, including the following.
- Supplemental claim, where the veteran offers new evidence
- Higher-Level Review, because you believe the VA made an inaccurate judgment
- Board of Veterans’ Appeals, usually as a last resort
The amount of time it takes the VA to assess your appeal depends on which path you choose. Other factors, such as the state of their current caseload, can also influence wait times.
Take Advantage of Resources for Florida Veterans
With more than 1.5 million veterans residing in Florida, more than a tenth of the state’s adult population are veterans, outpacing Texas’ ratio. Serving Florida veterans is a priority, and there are a growing number of resources that they can access.
This guide, created by the Florida Department of Veterans’ Affairs, details the state and federal benefits that Florida veterans have access to.
There is a regional benefits office located in St. Petersburg for veterans to seek assistance when it comes to their VA benefits. Here is the link and more local resources:
There are several VA medical centers located in Florida:
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
Reach Out to the Florida Veterans Disability Appeals Attorneys of VetLaw
Filing an appeal with the VA can be a long road, so it’s important to have the right team by your side for each step of the appeals process. VetLaw has cultivated a formidable skill set that has enabled us to secure successful outcomes for Florida veterans and their families.
As one of the nation’s leading veterans’ disability claims law firms, our team at VetLaw strives to provide excellent service to every client we work with. This is apparent not only in our results, but in the way that veterans characterize their experience with our VA disability appeals attorneys.
We welcome the opportunity to hear more about your case so that we can help you craft a solid appeal that grants you fair disability benefits. Give us a call at (855) 434-2492 or complete our online contact form to schedule a free case evaluation with a Florida veteran disability appeals attorney.
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
Florida veterans can appeal a VA denial as many times as they decide to. Instead of going through the hassle of preparing an appeal, waiting on a decision, and then receiving a denial multiple times, Florida veterans should seek legal assistance from a VA-accredited disability claim appeals lawyer as soon as their initial claim has been denied.
It’s common for Florida veterans to appeal a denied claim for an increased disability rating. Maybe you accidentally left out a major symptom in your paperwork, you don’t have sufficient documentation from a specialist, or the VA provider rushed through your C&P and downplayed your disability.
Disability ratings determine benefits. Therefore, if you believe that your rating is incorrect, you should absolutely speak with a Florida veterans disability appeals lawyer about revisiting the VA’s decision.
The purpose of submitting a medical nexus letter is to show that a healthcare provider found compelling medical evidence that your disability originated with your military service, or was aggravated by it. A medical nexus letter lends credibility to your appeal.
In most cases, there is a one-year deadline to appeal after a VA decision is rendered. If you don’t indicate your intention to appeal within this timeframe, then the VA can close your case. However, this status does not necessarily prevent you from disputing the VA decision in the future.
After the year-long window closes, then you must present “new and relevant evidence” to reopen a previously denied claim. This could be evidence showing that the VA applied a regulation incorrectly, the results of new medical imaging, or another form of documentation that the VA has not already assessed and pertains to why your claim was denied.
If you can’t provide a reason why the VA’s basis for denying your case no longer stands, then the VA may decline to reopen your veterans disability claim. If the VA does accept your new and relevant evidence, then you are allowed to proceed with an appeal even if it has been more than a year since the VA denied your claim.
Frequently Asked Questions
How many times can a Florida veteran appeal their VA denial?
Florida veterans can appeal a VA denial as many times as they decide to. Instead of going through the hassle of preparing an appeal, waiting on a decision, and then receiving a denial multiple times, Florida veterans should seek legal assistance from a VA-accredited disability claim appeals lawyer as soon as their initial claim has been denied.
Can I file an appeal to increase my disability rating with the VA?
It’s common for Florida veterans to appeal a denied claim for an increased disability rating. Maybe you accidentally left out a major symptom in your paperwork, you don’t have sufficient documentation from a specialist, or the VA provider rushed through your C&P and downplayed your disability.
Disability ratings determine benefits. Therefore, if you believe that your rating is incorrect, you should absolutely speak with a Florida veterans disability appeals lawyer about revisiting the VA’s decision.
How can a medical nexus letter help my appeal in Florida?
The purpose of submitting a medical nexus letter is to show that a healthcare provider found compelling medical evidence that your disability originated with your military service, or was aggravated by it. A medical nexus letter lends credibility to your appeal.
Can I still file an appeal if it has been more than a year since the VA denied my claim?
In most cases, there is a one-year deadline to appeal after a VA decision is rendered. If you don’t indicate your intention to appeal within this timeframe, then the VA can close your case. However, this status does not necessarily prevent you from disputing the VA decision in the future.
After the year-long window closes, then you must present “new and relevant evidence” to reopen a previously denied claim. This could be evidence showing that the VA applied a regulation incorrectly, the results of new medical imaging, or another form of documentation that the VA has not already assessed and pertains to why your claim was denied.
If you can’t provide a reason why the VA’s basis for denying your case no longer stands, then the VA may decline to reopen your veterans disability claim. If the VA does accept your new and relevant evidence, then you are allowed to proceed with an appeal even if it has been more than a year since the VA denied your claim.
