Pennsylvania Veteran Disability Appeals Lawyers
Our team tirelessly appeals denied disability benefits claims on behalf of Pennsylvania veterans because we are invested in seeing just outcomes for former military service members. Take advantage of a free case evaluation with one of our expert veterans disability appeals attorneys to discuss the complexities of your claim, the steps of the VA appeals process, and what our team can do to help you maximize your benefits.
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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.
Resources for Pennsylvania Veteran Disability Appeals
The state of Pennsylvania is home to more than 800,000 veterans, meaning that it has a larger share of veterans as compared to several other states with higher veteran populations.
As of 2017, over 125,00 of those veterans were recipients of disability compensation from the VA. Pennsylvania veterans accounted for approximately 2.76% of all veterans receiving VA disability benefits that year.
Pennsylvania veterans have an array of resources they can utilize:
Benefits And Services For Veterans and Their Beneficiaries In Pennsylvania
The Pennsylvania Department of Military & Veterans Affairs maintains a guide that informs veterans of the state and federal benefits they may qualify for.
There are two regional benefits offices located in Pennsylvania for veterans to seek assistance when it comes to their VA benefits.
There are several VA medical centers located in Pennsylvania:
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 VetLaw to Speak With an Expert Pennsylvania Veteran Disability Appeals Attorney
At VetLaw, we know that the appeals process is a critical mechanism for helping Pennsylvania veterans obtain the disability benefits that they were promised if their service resulted in illness or injury.
We take our role as veterans’ advocates seriously. To us, it’s a matter of delivering on our commitment to Pennsylvania veterans and former service members across the nation.
Our team can help you resolve discrepancies that are holding your VA disability benefits claim back. We will also inform you of your rights and help you choose the most effective method of seeking an appeal.
Get your VA appeal on the right track by contacting VetLaw at (855) 434-2492 or filling out our online contact form. Our team will not hesitate to protect you and your claim as your Pennsylvania VA disability appeals lawyers.
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
You can file unlimited appeals to secure disability benefits. However, at some point this becomes a fruitless endeavor if you aren’t correcting mistakes or submitting new information.
A Pennsylvania veterans disability claims attorney can help you identify the best appeal path, errors that are preventing your appeal from being granted, and other issues with your claim.
Excluding minor paperwork errors, there are a few major reasons why the VA would deny a claim. For example:
- Lack of service connection
- Lack of diagnosis
- Billing code error
- Missing or invalid information
The VA does have the right to review the status of disabilities that are expected to improve for a certain period of time under the 5-year rule. If you undergo a follow-up C&P exam and receive a lower rating that you believe is unjustified, you have the right to appeal the VA’s decision.
When the VA is trying to determine how much disability compensation it owes a veteran following a successful appeal, it typically uses the effective date of the VA claim to signify when you should have been able to collect disability benefits.
That is why Pennsylvania veteran disability appeals lawyers will encourage you to file your appeal as soon as you can after a VA denial. This establishes your effective date.
Solidifying an effective date as early as possible is particularly important in cases that take a long time to resolve. That way, you can collect back pay disability compensation from the whole time you were fighting the VA denial.
That could amount to months or even years of payments to offset the financial costs of your service-connected disability.
Frequently Asked Questions
How many chances do I have to appeal a VA denial?
You can file unlimited appeals to secure disability benefits. However, at some point this becomes a fruitless endeavor if you aren’t correcting mistakes or submitting new information.
A Pennsylvania veterans disability claims attorney can help you identify the best appeal path, errors that are preventing your appeal from being granted, and other issues with your claim.
Why does the VA deny veterans disability claims?
Excluding minor paperwork errors, there are a few major reasons why the VA would deny a claim. For example:
- Lack of service connection
- Lack of diagnosis
- Billing code error
- Missing or invalid information
If the VA invokes the 5 year rule and lowers my disability rating, can I appeal it?
The VA does have the right to review the status of disabilities that are expected to improve for a certain period of time under the 5-year rule. If you undergo a follow-up C&P exam and receive a lower rating that you believe is unjustified, you have the right to appeal the VA’s decision.
Why does the effective date of my PA veterans disability claim matter?
When the VA is trying to determine how much disability compensation it owes a veteran following a successful appeal, it typically uses the effective date of the VA claim to signify when you should have been able to collect disability benefits.
That is why Pennsylvania veteran disability appeals lawyers will encourage you to file your appeal as soon as you can after a VA denial. This establishes your effective date.
Solidifying an effective date as early as possible is particularly important in cases that take a long time to resolve. That way, you can collect back pay disability compensation from the whole time you were fighting the VA denial.
That could amount to months or even years of payments to offset the financial costs of your service-connected disability.
