Was Your VA Disability Claim Denied?

We have helped veterans in South Carolina 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 South Carolina

There are three main criteria involved when determining if a veteran in South Carolina 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 South Carolina

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.

South Carolina Veterans Disability Appeals

A denial is not the end of the road – there are several options available to veterans in South Carolina 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.

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, including 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 South Carolina veteran disability appeals 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.