Every year, thousands of VA disability claims are denied by the United States Department of Veteran Affairs. These claims often come from hard-working, well-intentioned men and women who need these benefits for medical bills and living expenses. At VetLaw, we believe that disabled veterans have the right to disability benefits. An experienced San Antonio veteran disability appeals lawyer from our team works diligently to appeal denied claims for you and secure the benefits you deserve. To learn more about how we can help, consider contacting us at 336-355-8387 today.
VetLaw was established in 2014 by Attorney Brendan Garcia, a veteran of the United States Marine Corps, to assist the men and women who were left frustrated by the VA process. Now, we serve veterans all across the country, focusing our efforts on securing disability benefits for the individuals who need – and deserve – them. Through litigation, negotiation, and mediation, we represent veterans as they move through the appeals process and help our clients navigate the disability claims process, broadly.
In an effort to make legal assistance more accessible to all, we have implemented the no win, no fee structure. This means that we do not get paid until we win your case. This mutually-beneficial fee structure helps maintain transparency, persistence, and integrity in all aspects of our legal practice. We are passionate about upholding the rights of veterans and we are confident in our ability to win your case.
Formerly known as the legacy VA appeals process, Veteran Affairs decision review is the current system used to reassess denied claims for disability benefits. Now, the decision review process provides three different methods for disabled veterans to appeal a denied claim and ensure that they are able to receive the benefits they deserve. The Veteran Affairs decision review process is applicable for any decisions dated on or after February 19, 2019.
Submitting a VA disability claim is no easy feat. The process requires time, energy, and dedication. It is for this reason why receiving a denial is so painful. Disabled veterans who disagree with the decision issued by the VA may petition for a decision review using one of three options, namely:
The option that you use to have your decision reviewed will depend on the unique circumstances of your case. Moreover, you may only request one decision review per issue at a time. Your San Antonio veteran disability attorney can provide further insight into which decision review process is right for you.
An experienced San Antonio veteran disability attorney is well-suited to helping you navigate the appeals process. Your attorney will analyze your case and provide counsel regarding which appeal option is right for you. They will be there at every step to mitigate error, organize necessary evidence, and facilitate communication between you and the VA.
If your VA disability claim has been denied, it may be beneficial to seek legal assistance as soon as possible. This is primarily due to the statute of limitations associated with filing a VA disability claim appeal. An appeal must be initiated within one year of the date listed on the Notice of Action Letter. As such, waiting too long to hire an attorney can have a disastrous impact on the outcome of your case.
San Antonio residents enjoy easy access to a local Veterans Affairs Office. The closest VA office to San Antonio is the San Antonio Northwest Vet Center located on 9910 West Loop 1604, North.
After submitting a claim for VA disability benefits, you will be assigned a percentage of disability for your condition(s). The VA disability percentages range from 0% to 100% and are given in 10% increments. Disability ratings are determined based on the following information:
The VA uses “whole person theory,” meaning your disability percentage will be calculated based on the totality of your condition(s) and cannot exceed 100% because an individual cannot be more than 100% able-bodied. Furthermore, if you had an illness or injury upon beginning military service, the VA will take into account how much worse the condition was made by your service. At VetLaw, we offer a comprehensive Disability Calculator to help estimate your current disability rating. Alternatively, consider speaking with our team of experienced San Antonio veteran disability appeals lawyers for more information regarding VA disability percentages and how these percentages are calculated.
No, the money you receive for your Veteran Affairs disability pay is not taxable. This is true no matter what disability rating you have or how much you receive per month in compensation. This means that you are able to utilize the full payment amount for living expenses, medical bills, and any other relevant costs.
Obtaining VA disability benefits can make all the difference in your ability to live comfortably and enjoy financial stability. If the VA has denied your claim for benefits, you have the right to appeal the decision. Unfortunately, navigating the appeals process can be difficult and even the smallest misstep can detrimentally impact your ability to receive the compensation you deserve. To begin the process of crafting a strong and compelling appeal, consider contacting our team of knowledgeable San Antonio veteran disability attorneys at 336-355-8387 today.
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