Texas Veteran Disability Appeals Attorneys
We successfully represent Texas veterans in appeals against the VA to demand the disability benefits they have rightfully earned. Our team will work relentlessly to address the reason why your claim was denied and guide you through the process of appealing the VA’s decision. Take control of your appeal and schedule a free consultation with the experienced veterans disability attorneys of VetLaw.
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Don’t Let a VA Denial Stop You From Seeking Veterans Disability Benefits
If you choose not to appeal a VA denial letter, you are potentially losing out on all of the financial support that you could be entitled to for your service-related disability.
It’s in your best interest to involve a Texas VA disability appeals lawyer from VetLaw to advocate for fair compensation. Over the last decade, VetLaw has displayed an unwavering willingness to fight for our clients’ while using our expertise to help them secure disability benefits.
VetLaw has made a habit of standing up on behalf of those who have been treated unjustly, including Texas veterans with service-connected disabilities. If the VA has denied your disability claim for benefits, that means our work is just beginning.
Get in touch with us at (855) 434-2492 or complete our online contact form.
Criteria for Texas Veterans Seeking VA Disability Benefits
The VA does not automatically dispense or approve disability benefits to anyone who served in the military and claims that they have an injury. Instead, you need to supply evidence that you meet the conditions they set. Otherwise, the VA may deny your claim for disability benefits.
1. Establish Your Status as a Veteran
To start with, you need to meet the VA’s more stringent description of a veteran.
That means offering proof that you were active duty for 2 years or met the terms of your service contract. Additionally, you must have an other-than-Dishonorable discharge to be eligible for veterans disability benefits.
2. Present Confirmation of a Medical Issue
The VA needs to see that you have a legitimate medical problem before assigning you a disability rating or approving benefits.
Make it easy for them by including paperwork from a medical provider identifying a diagnosis. You can include medical records from private healthcare providers as well as any documentation you have of receiving treatment at VA healthcare centers.
Note that vets qualify for disability benefits for physical injuries, as well as mental conditions stemming from their service. Additionally, the VA will accept veteran disability claims for some pre-existing medical conditions, provided you can offer documentation confirming your condition, if not diagnosis, existed prior to your military service.
3. Show Your Disability Was a Result of Your Military Service
If you have made it this far, your claim hinges on proving that your illness or injury was either caused or exacerbated by serving in the military.
You can also file a claim for benefits for a Secondary Condition that presents as a consequence of your primary disability. At this stage, evidence like a medical nexus letter can be incredibly helpful.
Texas Veterans Should Remain Persistent Even If the VA Denies Your Claim
It’s easy to become discouraged if the VA denies your claim, especially if you have put considerable time and effort into building your case. The VA will explain why it denied your claim, but unless you are familiar with their processes and terminology it can be difficult to parse their meaning.
You may need to submit to a C&P exam with a specialist, provide a statement from colleagues about your job performance, or take other actions to reverse the VA’s decision. In other cases, you may not need to submit any new evidence to the VA at all.
A Texas veteran disability appeals attorney has the background needed to accurately identify why the VA denied your claim. Then they can help you move forward with initiating the VA appeals process. Their guidance can be instrumental in overcoming the challenges of the VA appeals system.
Methods of Pursuing an Appeal for Texas Veterans
Texas veterans are entitled to appeal a VA denial if they disagree with the decision. If you were denied prior to February 2019, then you will likely need to file a Legacy appeal. Otherwise, you will be filing under the Appeal Reform system.
Either path provides you with multiple choices for reversing the VA’s decision.
For Legacy claims, this begins with filing a Notice of Disagreement (NOD). After receiving a ruling from the first level of the VA appeals system, then you can continue to escalate the case if you’re unhappy with the decision. You have several choices for recourse, such as by appealing to the Board of Veterans’ Appeals.
A Texas veterans disability appeals lawyer can ascertain whether a Supplemental Claim, Higher-Level Review, or a Board Appeal is most conducive to a successful outcome for your specific case and walk you through the steps of securing benefits.
Texas-Based Resources for Veterans
Texas has one of the largest populations of veterans in the country, with about 1.5 million veterans living here. Over 8% of the state’s adult population has served in the armed forces. Given the number of Texas veterans, there are a range of resources available statewide.
For starters, the Texas Veterans Commission offers a comprehensive overview of state and federal benefits that Texas veterans are entitled to.
Additionally, there are two regional benefits offices in Texas for veterans to seek assistance when it comes to VA benefits. Take a look at those and other resources below:
There are several VA medical centers located in Texas:
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 Our Texas Veterans Disability Appeals Attorneys About Your Case
At VetLaw, our client-centered approach means Texas veterans receive our attention, time, effort, and experience throughout the process of filing an appeal. We have proven ourselves as capable advocates for veterans all over Texas by helping them secure the disability benefits they earned.
We know that trust is earned through results and respect. As you can see from our client reviews, VetLaw delivers on both counts. Appealing a VA decision takes persistence, as well as a familiarity with the inner workings of the system itself.
Keep in mind that there is a ticking clock on filing an appeal, so the time to involve a veterans disability claims lawyer is now. You can schedule a free consultation with a VA-accredited VetLaw attorney by calling us at (855) 434-2492 or filling out our online contact form.
We aim to set a high standard for what a veterans law firm should be, so don’t wait to reach out. Our team will set you up with one of our accomplished VA disability appeals attorneys who can go over everything you need to know about seeking veterans disability benefits.
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
Texas veterans have one year from when the VA rendered its decision to file an appeal. After that, other steps in the appeals process may entail their own deadlines.
In the event that your veterans disability appeals lawyer is unable to help you make a successful appeal, then you don’t owe them any payment for their services.
Yes, if your Texas veteran disability attorney helps you win your appeal, then the VA potentially owes you back pay. This covers the benefits you are entitled to according to your disability rating, dating back to the effective date of your claim.
There are other bodies that have the authority to overturn Board of Veterans Appeals decisions, so veterans do not have to accept a BVA decision as final. To dispute a BVA decision, a veteran would need to file an appeal with the U.S. Court of Appeals for Veterans Claims.
Then, veterans can submit to a mediation process- which boasts a high success rate- or wait for a CAVC judge or panel to take up their appeal. In 2020, the CAVC reversed or remanded nearly 40% of the BVA’s decisions. Therefore, it’s possible to secure a different outcome after the Board of Veterans Appeals issues a ruling on a claim.
When a veteran is still dissatisfied with the decision on the claim following a CAVC ruling, they can attempt to appeal to the U.S. Supreme Court. Then, the Supreme Court can decide whether or not to hear the case and add it to their docket.
Many veterans don’t have a legal background or extensive experience navigating the VA bureaucracy prior to filing a disability claim. Consequently, veterans’ initial claims commonly get denied because they did not demonstrate their eligibility for disability compensation to the VA’s satisfaction.
Generally, the VA rejects claims because the veteran supplied:
- Incomplete, inaccurate, not credible, or out-of-date information about their health and/or military service
- Insufficient proof of a medical diagnosis for a condition the VA recognizes
- Inadequate evidence of an in-service event that caused their injury or illness
- Unconvincing proof that their symptoms are serious enough to garner a 10% or higher rating or have worsened enough to meet the criteria for the next highest rating
- Unpersuasive documentation of a service connection
Additionally, there are instances where the VA mistakenly denies a claim due to their own error. For example, a new VA adjudicator may lack the experience to correctly evaluate a complex claim or not have knowledge of an updated regulation that impacts the case. Consequently, they may wrongly deny disability benefits to a veteran. However, these situations are less common.
Frequently Asked Questions
How much time do I have to file an appeal for a denied VA disability claim?
Texas veterans have one year from when the VA rendered its decision to file an appeal. After that, other steps in the appeals process may entail their own deadlines.
If my VA disability appeal fails, do I still have to pay legal fees to my attorney?
In the event that your veterans disability appeals lawyer is unable to help you make a successful appeal, then you don’t owe them any payment for their services.
Can Texas veterans receive back pay if the VA grants their appeal?
Yes, if your Texas veteran disability attorney helps you win your appeal, then the VA potentially owes you back pay. This covers the benefits you are entitled to according to your disability rating, dating back to the effective date of your claim.
Is a decision from the Board of Veterans Appeals final or can I appeal it?
There are other bodies that have the authority to overturn Board of Veterans Appeals decisions, so veterans do not have to accept a BVA decision as final. To dispute a BVA decision, a veteran would need to file an appeal with the U.S. Court of Appeals for Veterans Claims.
Then, veterans can submit to a mediation process- which boasts a high success rate- or wait for a CAVC judge or panel to take up their appeal. In 2020, the CAVC reversed or remanded nearly 40% of the BVA’s decisions. Therefore, it’s possible to secure a different outcome after the Board of Veterans Appeals issues a ruling on a claim.
When a veteran is still dissatisfied with the decision on the claim following a CAVC ruling, they can attempt to appeal to the U.S. Supreme Court. Then, the Supreme Court can decide whether or not to hear the case and add it to their docket.
What are some of the most common reasons why the VA denies veterans disability claims?
Many veterans don’t have a legal background or extensive experience navigating the VA bureaucracy prior to filing a disability claim. Consequently, veterans’ initial claims commonly get denied because they did not demonstrate their eligibility for disability compensation to the VA’s satisfaction.
Generally, the VA rejects claims because the veteran supplied:
- Incomplete, inaccurate, not credible, or out-of-date information about their health and/or military service
- Insufficient proof of a medical diagnosis for a condition the VA recognizes
- Inadequate evidence of an in-service event that caused their injury or illness
- Unconvincing proof that their symptoms are serious enough to garner a 10% or higher rating or have worsened enough to meet the criteria for the next highest rating
- Unpersuasive documentation of a service connection
Additionally, there are instances where the VA mistakenly denies a claim due to their own error. For example, a new VA adjudicator may lack the experience to correctly evaluate a complex claim or not have knowledge of an updated regulation that impacts the case. Consequently, they may wrongly deny disability benefits to a veteran. However, these situations are less common.
