North Carolina Veteran Disability Appeals Lawyers
Veterans across the U.S. turn to VetLaw when their VA disability claims are stalled or denied because we are equipped with the expertise to help them win their appeal. For more detailed insight that pertains to your specific case, set up a free consultation with one of our North Carolina veteran disability appeals attorneys.
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Helping North Carolina Veterans Dealing With VA Denials
The VA-accredited veterans disability claim lawyers of VetLaw have spent the past decade vocally advocating for injured veterans to receive the benefits they are owed. For us, the appeals process is routine.
However, we recognize that many North Carolina veterans may be struggling with seemingly endless paperwork littered with confusing jargon. Additionally, there is the challenge of choosing between multiple appeals pathways. We are seasoned representatives with a limitless work ethic who are ready to take charge of your appeal.
At VetLaw, our veterans disability appeals attorneys can provide the legal assistance you need to make a convincing case for VA benefits after receiving a denial. Give us a call at (855) 434-2492 or fill out our online contact form to schedule a free consultation.
How North Carolina Veterans Can Show They Are Entitled to VA Benefits
It’s one thing to know that your disability qualifies you for VA benefits, but proving that you meet the minimum requirements to collect disability benefits like a housing stipend or Special Monthly Compensation is a whole other issue.
If your North Carolina veterans disability claim was denied by the VA, it’s likely because one of the following conditions was not met or validated.
1. Show That You Belong in the Category of Eligible Veterans
Disability benefits are contingent upon several factors. This includes serving the minimum number of years you agreed to, or at least 2 years active duty.
North Carolina veterans also need to show that they had an other-than-Dishonorable discharge from the military to be entitled to certain housing, medical, educational, and job-related benefits.
Veterans of the National Guard or a Reserve branch have more specific service requirements. These limitations generally restrict benefit eligibility to disabilities related to active duty events.
2. Document Your Current Disability
While you can file a VA disability claim at any time, you need to be currently experiencing the disability or a related Secondary Condition to obtain benefits. North Carolina vets should provide medical records detailing a diagnosis for a mental or physical condition.
Then, the VA must agree that your current symptoms fit the description of 10% impairment (or a higher percentage) for your service-related condition. Otherwise, your disability is not compensable at its current status according to VA requirements.
3. Verify Your Injury’s Service Connection
VA disability benefits help to offset costs that arise from injuries or illnesses that an individual incurred because their military service put them at risk. For their part, vets must reasonably argue a causal relationship between a new or aggravated health condition and their service.
When there is a known health risk associated with a particular job or circumstance, the VA makes it easier for vets with the presumptive condition to show a service connection.
In 2022, the VA included additional presumptive conditions under the PACT Act. However, the VA doesn’t restrict North Carolina veterans to this list of injuries and illnesses when they claim a disability.
North Carolina Veterans Disability Appeals Attorneys Recommend Contemplating a VA Appeal
Don’t be surprised if the VA denies your claim the first time you file, even if you know that your disability was caused by the conditions of your military service.
Remember, the VA has a finite budget and staff. Consequently, the VA often returns claims with inconsistencies or incomplete evidence to the veteran to correct in the interest of preserving time and resources.
That said, the VA processed 2 million disability claims in 2023. Sometimes they get it wrong, too. Regardless of why the VA denied your claim, your next attempt can benefit from the informed perspective of a North Carolina veteran disability benefits denial lawyer.
At VetLaw, our skilled North Carolina VA disability claims attorneys take a proactive approach to building appeals for our clients, leaning on our years of experience in veterans law. Don’t let the time commitment, mountains of paperwork, or fear of another denial become an impediment to your claim.
Get in touch with VetLaw to help you prepare for your appeal.
Know What to Expect From the VA Appeals Process
How you choose to appeal the VA’s decision can impact your wait time, as well as the likelihood of a successful resolution. VA-accredited veterans disability appeals attorneys can advise you on the most suitable choice based on your personal priorities.
If you are a North Carolina vet and the VA denied you before February 2019, then you can file a Legacy Appeal. When you submit a Notice of Disagreement, you need to indicate whether you partially agree with the VA’s denial or completely disagree.
After that, you can pursue an appeal with a regional VA office in North Carolina and potentially take your claim in front of a judge on the Board of Veterans Appeals.
For more recent claims, the VA appeals process looks a little different. North Carolina veterans can go straight to the Board. They can also file a Supplemental Claim to provide new evidence that strengthens their claim, or a Higher-level Review to dispute the basis of a VA decision.
Veterans may be eligible to dispute a BVA decision by appealing their case to the Court of Appeals for Veterans’ Claims. However, the CAVC reserves decision reviews for specific types of cases. It only accepts claims involving a disagreement over the interpretation or application of VA law in a veterans disability claim.
VA Resources For North Carolina Veterans
In addition to a significant active-duty presence, North Carolina claims more than 630,000 veterans as residents. Nearly 7.5% of North Carolina’s current adult population served in the military at one time. Below, we note a few valuable resources for North Carolina veterans.
Take a look at the information the NC Department of Military & Veteran’s Affairs provides. You can learn more about the state and federal benefits you may qualify for.
There is a regional benefits office located in Winston-Salem for veterans to seek assistance with their VA benefits. Explore below as well as other helpful resources:
- North Carolina VA Regional Benefits Office
- Winston-Salem Veterans Disability Appeals Lawyer
- Winston-Salem Veteran Physical Condition Claims
- NC Charlotte Veteran Disability Appeals Lawyer
- Charlotte Veteran Mental Condition Claims
- Charlotte Veteran Physical Condition Claims
- Fayetteville Veteran Disability Appeals Lawyer
- Raleigh Veteran Disability Appeals Lawyer
Generally, North Carolina veterans can still access VA health care services even if they do not qualify for VA disability benefits for a service-connected injury or illness. The exceptions to this provision include North Carolina veterans who received a Dishonorable discharge from the military.
Additionally, veterans who only had an active-duty status for training purposes generally aren’t eligible for full VA health care services. There are four VA medical centers located in North Carolina:
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
Don’t Wait to Contact the North Carolina Veteran Disability Appeals Attorneys of VetLlaw
If your service-related injury is holding you back from pursuing a career, accessing medical care or education, maintaining your independence, or caring for your family, winning an appeal can be transformative for your life.
You need a North Carolina veteran disability appeals attorney who not only understands that, but is prepared to make it a reality. VetLaw is the legal team for the job. We were founded by Marine veteran Brendan Garcia, who set the high standards our team operates from today.
We are proud to be trusted by North Carolina veterans. As our clients will tell you, we will go the extra mile to help veterans get the disability benefits they have coming. Give us a call at (855) 434-2492 or fill out our online contact form to schedule a 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
The most relevant type of evidence for your appeal will depend on why the VA denied your claim in the first place. Some of the most common examples of evidence include:
- Medical nexus letters from healthcare providers
- Statements from family and friends about your current
- Testimony from mental health professionals, religious advisors
- Buddy letters from fellow service members
To receive disability benefits for a pre-existing condition, showing that your health issue worsened over the course of your service or in the years after isn’t enough. You need to be able to show that your condition progressed more rapidly or became worse than it naturally would have due to your military service.
A VA-accredited North Carolina veterans disability appeals attorney can help compile the medical evidence necessary to substantiate your position. Then, they will guide you as you launch a successful appeal after a denial.
The date when the VA was notified your entitlement arose is generally considered the effective date of your VA disability claim. To put it another way, the day that the VA received a claim saying that you met the eligibility requirements to collect disability benefits starts a clock.
If the VA grants your disability benefits, they have to issue retroactive back pay benefits. These benefits cover the time in between your effective date and their decision.
A North Carolina veteran disability appeals lawyer can help you determine what the effective date should be for your claim. Additionally, they can argue on your behalf if the VA tries to assign a different date.
Nearly 621,000 veterans lived in North Carolina in 2022, according to recent Census data. At the time, they represented about 3.8% of veterans in the U.S. The population figure for 2022 shows about 100,000 fewer veterans living in North Carolina than in 2012.
However, the state still boasts one of the highest veteran populations in the country. Approximately a third of North Carolina veterans are living with a disability.
North Carolina veterans are relatively evenly divided among those who served in the Vietnam War, Gulf War, and post-9/11 eras. About 20,000 Korean War veterans and 3,000 WWII veterans also lived in North Carolina as of 2022.
No. VA disability benefits, including certain grants to accommodate service-connected disabilities, as tax-free for North Carolina veterans.
Dependency and Indemnity Compensation are also tax-exempt benefits in North Carolina. The VA provides these disability benefits to the surviving families of deceased service members under certain conditions.
Additionally, the federal government does not consider VA disability benefits to be taxable income.
If you or your family were exposed to carcinogens through the contaminated water at Camp Lejeune, a Marine Corps base in Jacksonville, North Carolina, you may have legal options in addition to filing a VA disability benefits claim.
The current Camp Lejeune toxic water claims include two types of claims. There are administrative claims, which the Department of the Navy is working to process. Additionally, there is a multidistrict litigation, which North Carolina federal judges are evaluating.
Frequently Asked Questions
What kind of evidence do I need for a VA disability claim appeal?
The most relevant type of evidence for your appeal will depend on why the VA denied your claim in the first place. Some of the most common examples of evidence include:
- Medical nexus letters from healthcare providers
- Statements from family and friends about your current
- Testimony from mental health professionals, religious advisors
- Buddy letters from fellow service members
What can I do if the VA denies my claim for a pre-existing condition?
To receive disability benefits for a pre-existing condition, showing that your health issue worsened over the course of your service or in the years after isn’t enough. You need to be able to show that your condition progressed more rapidly or became worse than it naturally would have due to your military service.
A VA-accredited North Carolina veterans disability appeals attorney can help compile the medical evidence necessary to substantiate your position. Then, they will guide you as you launch a successful appeal after a denial.
What is the effective date for my veteran disability benefits claim?
The date when the VA was notified your entitlement arose is generally considered the effective date of your VA disability claim. To put it another way, the day that the VA received a claim saying that you met the eligibility requirements to collect disability benefits starts a clock.
If the VA grants your disability benefits, they have to issue retroactive back pay benefits. These benefits cover the time in between your effective date and their decision.
A North Carolina veteran disability appeals lawyer can help you determine what the effective date should be for your claim. Additionally, they can argue on your behalf if the VA tries to assign a different date.
How many veterans live in North Carolina?
Nearly 621,000 veterans lived in North Carolina in 2022, according to recent Census data. At the time, they represented about 3.8% of veterans in the U.S. The population figure for 2022 shows about 100,000 fewer veterans living in North Carolina than in 2012.
However, the state still boasts one of the highest veteran populations in the country. Approximately a third of North Carolina veterans are living with a disability.
North Carolina veterans are relatively evenly divided among those who served in the Vietnam War, Gulf War, and post-9/11 eras. About 20,000 Korean War veterans and 3,000 WWII veterans also lived in North Carolina as of 2022.
Do North Carolina veterans have to pay state taxes on their VA disability benefits?
No. VA disability benefits, including certain grants to accommodate service-connected disabilities, as tax-free for North Carolina veterans.
Dependency and Indemnity Compensation are also tax-exempt benefits in North Carolina. The VA provides these disability benefits to the surviving families of deceased service members under certain conditions.
Additionally, the federal government does not consider VA disability benefits to be taxable income.
Can North Carolina veterans file Camp Lejeune toxic water claims with the VA?
If you or your family were exposed to carcinogens through the contaminated water at Camp Lejeune, a Marine Corps base in Jacksonville, North Carolina, you may have legal options in addition to filing a VA disability benefits claim.
The current Camp Lejeune toxic water claims include two types of claims. There are administrative claims, which the Department of the Navy is working to process. Additionally, there is a multidistrict litigation, which North Carolina federal judges are evaluating.
