Take Action If the VA Denies Your Claim

It may feel like the odds are stacked against you if the VA has denied your disability claim. The truth is, Pennsylvania veterans suffering from service-related disabilities are operating at a disadvantage if you forgo hiring a qualified veterans disability appeals attorney to handle your case.

At VetLaw, our diligent team understands that your ability to afford medical expenses, as well as improve your situation through housing or education, may hinge on a successful appeal.

Our experience, resources, and strategic approach are undeniable assets when filing an appeal with the VA. Give us a call at (855) 434-2492 or fill out our online contact form to schedule a free consultation.

Mandatory Elements of a Pennsylvania Veteran Disability Claim

Pennsylvania veterans who are considering filing VA disability claims should first ensure that they can meet the basic benchmarks that entitle them to benefits, like TDUI.

If you are not thorough in documenting your qualifications, that creates an opportunity for the VA to dispute your eligibility. Consequently, the VA may deny your claim. In all likelihood, you were missing sufficient proof of one of the following elements:

1. Veterans Must Have the Appropriate Length and Condition of Service

The VA has created parameters that limit disability benefits to a subset of veterans. In many cases, service records can substantiate that you met the 2 year minimum requirement for active duty service or otherwise met the terms of your contract.

The condition of your discharge can also impact your ability to receive VA disability benefits. It is possible, though often challenging, to appeal to upgrade your Character of Discharge to become eligible for VA disability compensation.

2. Provide a Medical Diagnosis Documenting Your Injury or Illness

For your veterans disability claim to be legitimate, you have to have corroboration of your current medical condition from a healthcare professional. You can claim disability benefits for mental illnesses such as anxiety and depression, as well as physical conditions like hearing loss or thyroid disease.

Your paperwork should also show that your symptoms are serious enough that they are measurably impacting your life. The VA may still want to verify your diagnosis with their own evaluation, so expect that part of the disability claims process will include attending a Compensation and Pension exam (C&P exam).

3. Outline a Service Connection

Without a service connection, the claim falls apart. The VA is not obligated to issue disability benefits for a condition that is not tied to military service. You need to show that an incident or repeated circumstance is responsible for your illness or injury.

For example, that could look like developing lung cancer from toxic burn pit exposure. If you had a pre-existing condition that got worse because of the demands of your duties or the environment where you served, that still counts.

Moving On From a VA Denial

Most Pennsylvania veterans aren’t experts on how to fill out paperwork for a VA claim, document a medical nexus, or apply obscure VA regulations to their specific case. Given this, the VA’s 75% denial rate for initial claims is not surprising, although it can be disheartening.

The denial letter from the VA is the starting point for many Pennsylvania veterans seeking disability benefits, not the end. Maybe you missed your C&P exam appointment, forgot to include a copy of your prescription, or any other number of mistakes.

In disability claims with a legitimate basis, the vast majority of these issues are fixable. You can -and should- review the reasoning the VA provided for denying your claim. However, initiating an appeal ought to be done with the assistance of a reputable Pennsylvania veterans disability appeals attorney.

Understanding the Appeals Process for Pennsylvania Veterans

Depending on when you received your denial from the VA, you may pursue disability benefits under the Legacy appeals program or the current Appeals Reform system. 

Appeals Options Differ Between the Legacy and AMA Systems

To ensure your claim remains eligible, file a Notice of Disagreement as soon as possible if you plan to contest the VA’s decision with an appeal. For Pennsylvania veterans submitting a Legacy appeal, the VA asks that you completely agree, partially agree, or completely disagree with the decision before proceeding.

From there, you can request a hearing at a regional VA office in Pennsylvania. Alternatively, you can continue to pursue an appeal with the Board of Veterans’ Appeals.

The new appeals process allows Pennsylvania veterans to add new information with a Supplemental claim, have their appeal assessed via Higher-Level Review, or make their case to the Board of Veterans’ Appeals.

Pennsylvania veterans disability appeals lawyers have been through the various processes with a range of claims and can offer helpful insight.

Key Characteristics of the Pennsylvania Veteran Population

According to a National Center for Veterans Analysis and Statistics (NCVAS) report, over 35% of veterans in Pennsylvania served during the Vietnam War. As of 2017, this group was twice the size of the next largest cohort, veterans of the first Gulf War.

This distribution is clearly reflected in the age range of Pennsylvania veterans. At the time this data was collected, over 55% of the state’s veteran population was already older than 65. Therefore, Pennsylvania’s veteran population trends older than the overall percentage of veterans over 65.

Compared to the veteran population as a whole, the share of female Pennsylvania veterans was about 2% less than the national share. Household incomes also skewed lower for Pennsylvania vets.

Geographically, Pennsylvania veterans were more heavily concentrated in the following counties: Pike, Venango, Warren, McKean, Potter, Tioga, Beaver, Bradford, Sullivan, Blair, Cambria, Cameron, and Elk. By 2019, Cameron County had the highest density of veterans out of any other Pennsylvania county. 

All told, in 2019, 7% of adults in Pennsylvania were veterans. This is 0.2% higher than the percentage at the national level.