Kentucky Veteran Disability Appeals Attorneys
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 VA Disability Claim Denied?
Many veterans have to appeal their VA disability claims at least once to obtain the correct ratings and benefits they deserve. The most effective way to navigate this process is with the expert assistance of a Kentucky veteran disability appeals attorney.
We have helped veterans in Kentucky 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.
Veterans Disability Claims in Kentucky
There are three main criteria involved when determining if a veteran in Kentucky 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.
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.
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
Veterans Disability Denials in Kentucky
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.
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.
Kentucky Veterans Disability Appeals
A denial is not the end of the road – there are several options available to veterans in Kentucky after they receive a denial from the VA. All veterans who receive a denial have the right to pursue an appeal following a VA decision.
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.
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.
Veterans can opt for 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 Kentucky veterans disability attorney will be able to assist throughout the entire appeals process – even as far as representing the veteran at any Board meetings to help ensure a favorable outcome.
Rely on VetLaw to Handle Your Kentucky VA Disability Claim for Veterans Benefits
Rather than struggle to overcome the obstacles of the VA appeals process on your own, get in touch with our team here at VetLaw to discuss how our services can benefit you. We specialize in these types of cases, and we are ready to get to work for you.
With our years of experience as Kentucky veteran disability appeals attorneys, we understand what the VA is looking for in a claim. Additionally, we know how to present evidence effectively. Our team of passionate and capable VA disability lawyers will relentlessly pursue the benefits you deserve.
Reach out to us at (855) 239-9213 to schedule a free consultation or complete an online contact form. Our team operates strategically and with integrity, therefore you can trust us to act in your best interest as we fight for fair VA disability compensation for your service-related condition.
Kentucky VA Resources
Kentucky is home to more than 289,000 veterans, meaning they make up about 8.6% of the state’s adult population. In order to serve these veterans, there are numerous resources available.
This guide, created by the Kentucky Department of Veterans Affairs, is designed to help educate Kentucky veterans about state and federal benefits that are available to them.
There is a regional benefits office located in Louisville for veterans to seek assistance when it comes to their VA benefits.
There are a few VA medical centers located throughout Kentucky:
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
Appellate Attorney Matthew White represents veterans before the Board of Veterans Appeals and the United States Court of Appeals for Veterans Claims.
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Owner and Lead Attorney Brendan Garcia represents veterans in all 50 states with their VA Disability Appeals, in all stages of the VA Appeals process.
READ MOREContact a Kentucky VA Disability Lawyer Today
A Kentucky Veteran Disability Lawyer’s role is to assist you throughout the confusing and often frustrating appeals process. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved they will often be able to quickly determine what needs to be done in order to prove entitlement.
If your VA disability claim has been denied in Kentucky, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve.
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 Kentucky, 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. Additionally, 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 then increase a veteran’s disability rating in order to better reflect their true disability. A veteran in Kentucky can request that the VA re-evaluate their rating. However, they need to provide documentation showing that their medical condition has worsened since the VA determined their initial rating.
Winning a VA appeal in Kentucky 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 Kentucky VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and make sure your claim is fully documented.
Although the VA does not cap the number times a veteran can appeal their claim for disability benefits, it does impose a deadline for veterans to file an appeal after it issues a decision. In most cases, if a veteran does not appeal a VA decision within a year, the VA will close their claim.
Reopening a claim previously denied by the VA has an extra step before the VA will consider an appeal. Consequently, many veterans get stuck here and are unable to proceed with their appeal. In most of these cases, hiring a VA disability benefits denial attorney is essential.
They know what the VA is or is not likely to accept as “new and relevant evidence”, how to compile credible documentation, and what appeals path will best fit your veteran disability benefits claim.
Some of the most common disabilities the VA issues benefits for are hearing loss/tinnitus, limitation of flexion for knees, PTSD, and sciatica.
The two major sources of evidence the VA looks at when evaluating veteran disability claims are medical records and military service records.
Medical records include pertinent information such as the date when your symptoms first appeared, how often you experience symptoms, the severity of your symptoms, how you acquired the condition, and what treatments you have needed. The VA will also want to see your military service records.
This documentation can confirm that you met the service requirements to be eligible for disability benefits. Additionally, it may include descriptions of an in-service incident that caused your injury or illness. Military service records can also show that you served under presumed conditions for toxic exposure or other hazards.
Frequently Asked Questions
Should I get a Kentucky lawyer for VA disability?
If you have been denied VA disability benefits in Kentucky, 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. Additionally, 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 Kentucky?
Many service-related conditions grow worse over time. The VA can then increase a veteran’s disability rating in order to better reflect their true disability. A veteran in Kentucky can request that the VA re-evaluate their rating. However, they need to 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 Kentucky 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 Kentucky VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and make sure your claim is fully documented.
Do I need a Kentucky veteran disability claim attorney to reopen a denied claim?
Although the VA does not cap the number times a veteran can appeal their claim for disability benefits, it does impose a deadline for veterans to file an appeal after it issues a decision. In most cases, if a veteran does not appeal a VA decision within a year, the VA will close their claim.
Reopening a claim previously denied by the VA has an extra step before the VA will consider an appeal. Consequently, many veterans get stuck here and are unable to proceed with their appeal. In most of these cases, hiring a VA disability benefits denial attorney is essential.
They know what the VA is or is not likely to accept as “new and relevant evidence”, how to compile credible documentation, and what appeals path will best fit your veteran disability benefits claim.
What are the most common disabilities veterans get VA compensation for?
Some of the most common disabilities the VA issues benefits for are hearing loss/tinnitus, limitation of flexion for knees, PTSD, and sciatica.
What types of evidence can I use in a VA disability claim?
The two major sources of evidence the VA looks at when evaluating veteran disability claims are medical records and military service records.
Medical records include pertinent information such as the date when your symptoms first appeared, how often you experience symptoms, the severity of your symptoms, how you acquired the condition, and what treatments you have needed. The VA will also want to see your military service records.
This documentation can confirm that you met the service requirements to be eligible for disability benefits. Additionally, it may include descriptions of an in-service incident that caused your injury or illness. Military service records can also show that you served under presumed conditions for toxic exposure or other hazards.
