New Jersey Veteran Disability Appeals Lawyers
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?
We have helped veterans in New Jersey 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 New Jersey
There are three main criteria involved when determining if a veteran in New Jersey 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.
New Jersey veterans can submit their claims for VA benefits via mail, in person at a VA Regional Office, or online.
Key Requirements for New Jersey VA Disability Claims
When filing a claim with the VA, it is important to be very thorough and avoid vague information. This only makes it more difficult for the VA to confirm your eligibility. Instead, provide a detailed account supported by medical evidence.
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 are a minimum service period depending on when the veteran served and a discharge type other than Dishonorable.
Certain “Other than Honorable” discharges may serve as a bar to benefits as well, depending on the circumstances. Additionally, the service-connected disability must be linkable to active duty service.
There are other provisions for veterans of a Reserve branch or veterans of the National Guard who develop disabilities while on active duty for training or inactive duty training.
2. Existence of Current Disability
List the full names, body parts, and symptoms for each disability you’re seeking entitlement for. This is crucial for the VA to be able to confirm you meet their criteria.
Medical evidence of your disability can include a blood panel, X-ray, stress test, or other evaluation by a healthcare provider. Records of a procedure, medication, surgery, physical therapy, or other type of treatment can also substantiate the existence of your disability.
The VA will likely also use a Compensation and Pension exam to verify your service-related condition. If your disability is not severe enough, meaning it meets or exceeds the VA’s 10% rating standards, then the VA may deny your benefits claim.
3. Disability is Service-Related
You must be able to connect your disability to your service. There are two ways New Jersey veterans can link medical conditions to their military service.
They can either claim an in-service experience or circumstances caused them to develop or sustain the disability, or that their military service made a pre-existing health condition worse.
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 to secure VA benefits.
Veterans Disability Denials in New Jersey
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.
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.
This will be crucial information when building a strategy to overcome the denial. After the VA has denied your claim, a New Jersey veteran disability appeals lawyer is authorized to represent you as you contest the decision.
New Jersey Veterans Disability Appeals
A denial is not the end of the road – there are several options available to veterans in New Jersey after they receive a denial from the VA. All veterans who receive a denial have the right to pursue an appeal.
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.
Taking a New Jersey VA Disability Claim to the BVA
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.
For example, New Jersey veterans can ask for a formal hearing or submit additional evidence for the Board to consider. These formal hearings allow veterans to present their case before the judge who will then make the decision in their case.
An experienced New Jersey 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.
New Jersey VA Resources
New Jersey has over 320,000 veterans, meaning they make up about 5.4% of the state’s adult population. In order to serve these veterans, there are numerous resources available.
This guide, created by the NJ Department of Military & Veteran’s Affairs, is designed to help educate New Jersey veterans about state and federal benefits that are available to them.
There is a regional benefits office located in Newark for veterans to seek assistance when it comes to their VA benefits.
There are two VA medical centers located in New Jersey:
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
Contact a New Jersey VA Disability Lawyer Today
A New Jersey veteran disability lawyer’s role is to assist you throughout the confusing and often frustrating appeals process. Instead of accepting a low rating or an outright benefits denial from the VA, discuss your case with VetLaw.
Generally, you need to be denied at least once before a New Jersey veteran disability appeals lawyer can assist, but once an attorney 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 New Jersey, be sure to contact the VA-accredited attorneys at VetLaw right away to help make sure you get the entitlement you deserve. Speak with our team by calling (855) 964-1925 or fill out a contact form to schedule your free consultation.
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 New Jersey, you should always speak with an experienced veterans disability lawyer right away.
They will analyze the reasons for your denial, and assist you in gathering additional documentation to pursue the best appeal path for you.
Using a local New Jersey veteran disability appeals lawyer offers several benefits, including the ability to meet up to discuss your VA disability claim.
Our team of VA disability benefits denial attorneys here at VetLaw can help you identify any weak spots in your claim and present a compelling appeal for disability compensation.
Many service-related conditions grow worse over time and as such, a veteran’s disability rating can be increased in order to better reflect their true disability.
A veteran in New Jersey can request that their rating be reevaluated. First, they must provide documentation showing that their medical condition has worsened since the VA issued their initial rating.
New Jersey veterans who can successfully demonstrate a relationship between a service-connected disability and another medical diagnosis may also be able to get a rating for their secondary disability.
Yes, New Jersey veterans may submit a VA disability benefits claim prior to their discharge if they have sustained a service-connected illness or injury.
Military personnel can file a pre-discharge claim for disability benefits within a certain window.
This timeframe lasts from when they have 180 to 90 days left on active duty. Then, the VA can begin reviewing your claim and evidence, so you could receive a decision sooner.
Those with less than 90 days remaining on active duty can still file prior to their discharge. However, they will not receive the benefit of an expedited claim.
Winning a VA appeal in New Jersey largely depends on the case you put together. In order to win your appeal, you’ll need to compile additional documentation proving your service-related injury.
Working with an experienced New Jersey VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and fully document your claim.
Frequently Asked Questions
Should I get a New Jersey lawyer for VA disability?
If you have been denied VA disability benefits in New Jersey, you should always speak with an experienced veterans disability lawyer right away.
They will analyze the reasons for your denial, and assist you in gathering additional documentation to pursue the best appeal path for you.
Using a local New Jersey veteran disability appeals lawyer offers several benefits, including the ability to meet up to discuss your VA disability claim.
Our team of VA disability benefits denial attorneys here at VetLaw can help you identify any weak spots in your claim and present a compelling appeal for disability compensation.
How do I maximize my VA disability in New Jersey?
Many service-related conditions grow worse over time and as such, a veteran’s disability rating can be increased in order to better reflect their true disability.
A veteran in New Jersey can request that their rating be reevaluated. First, they must provide documentation showing that their medical condition has worsened since the VA issued their initial rating.
New Jersey veterans who can successfully demonstrate a relationship between a service-connected disability and another medical diagnosis may also be able to get a rating for their secondary disability.
Can New Jersey veterans file a VA disability claim before leaving the military?
Yes, New Jersey veterans may submit a VA disability benefits claim prior to their discharge if they have sustained a service-connected illness or injury.
Military personnel can file a pre-discharge claim for disability benefits within a certain window.
This timeframe lasts from when they have 180 to 90 days left on active duty. Then, the VA can begin reviewing your claim and evidence, so you could receive a decision sooner.
Those with less than 90 days remaining on active duty can still file prior to their discharge. However, they will not receive the benefit of an expedited claim.
What are the chances of winning a VA appeal?
Winning a VA appeal in New Jersey largely depends on the case you put together. In order to win your appeal, you’ll need to compile additional documentation proving your service-related injury.
Working with an experienced New Jersey VA disability attorney will significantly increase your chances of winning the appeal. They will be able to guide you through the process and fully document your claim.
