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.