Veterans’ Disability Benefits Denial Lawyers | VA Denials

Many veterans who suffer an injury or illness in defense of their country return home unable to work, which is a major reason why the VA maintains a disability benefits program. These VA benefits provide veterans with monetary compensation in order to bring stability to veterans and their families. Unfortunately, many veterans are denied one or more times and may become frustrated with the VA appeals process. VA disability claims are often denied for reasons such as:

• Lack of in-service evidence
• No current medical diagnosis
• Failure to establish a service connection

Denials are very common when applying for VA disability benefits. Sometimes denials are due to a mistake or a lack of medical evidence; just as often the denial is due to a mistake made by VA. VetLaw’s team of veterans’ disability attorneys may be able to help you achieve success on an appeal and collect the benefits that you need. Once retained, a veterans’ disability benefits denial lawyer can review your file, examine the reasons for the denial of your claim, and take steps to initiate an appeal.

Reasons the VA Denies a Disability Benefits Claim

The VA’s disability compensation program requires that veterans meet three requirements in order to qualify for and obtain benefits. A current disability, a link or medical nexus between that disability and active duty service, and status as a veteran as defined by VA are all required in order to win your case. If VA believes you have not established any of these three things, you will receive a denial.

Building a Strategy

Overcoming the reasons stated in VA’s denial letter requires a different approach in every case. Sometimes the reasons VA lists for denying your claim are valid, but more often they can be overcome with the right approach. Since veterans may not apply for benefits until years after they leave service, especially in cases of PTSD or residuals of a TBI, confusion over when and where a specific stressor or incident in service took place may significantly delay your claim or cause an outright denial. VetLaw’s team of veterans’ disability attorneys can help review your denial letter and assist you in establishing the proper basis for an appeal. Click here to view the latest 2023 va disability rates.

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What Can an Applicant Do After Receiving a Denial?

Receiving a denial letter does not mean that a case is closed. Various timelines for appeals may apply depending on whether your case is considered part of VA’s Legacy Appeal system or whether it is covered under the Appeals Modernization Act. VetLaw’s team can review your denial letter and provide you with more information on what category you fall under as well as how to pursue an appeal.

Whether your case is considered a Legacy Appeal or it falls under the Appeals Modernization Act, we highly encourage you to appeal your denial. Our experienced team of VA-accredited attorneys can assist you with this process and provide timely and crucial assistance. All denials must be in writing and provide a justification for that decision. Sometimes the justification provided by VA is short and confusing, and veterans may be left wondering what to do next.

Learn More Here About The Steps to Take Following a Denial

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What is a Claimant’s Last Appellate Option?

The last step that most veterans take in their appeal is consideration by a Veterans’ Law Judge at the Board of Veterans’ Appeals (BVA) in Washington DC. Veterans with cases under both the Legacy Appeal system and the Appeals Modernization Act are entitled to a hearing before a judge and the opportunity to have a VA-accredited attorney assist them in presenting their case. Even if the BVA denies your case, there may be other avenues for appeal or to start a Supplemental Claim. A veterans’ disability benefits denial lawyer can help guide you in the right direction no matter what stage of the process you are currently navigating.

Hear It From Vets We’ve Helped

Absolutely the best attorney for getting your VA benefits. After 7 years of denial, I found Brendan Garcia of VetLaw, He reviewed my case, set up a plan , scheduled my video hearing in front of a Veteran law judge, flew out to Phoenix to be there with me during the hearing. Hired a doctor to help draft a report to help my case. When all the smoked cleared, I’m now collecting max disability monthly, back pay beyond my wildest dreams. Brendan Garcia never stopped. He is an expert in Veterans law. Best decision of my life was to have him on my side. Bar none, Brendan is a terrific VA benefits attorney!

I found VetLaw through a google search because I needed assistance with my VA claim. They were in touch with me immediately and began assessing and working on my claim instantly. I did not have to do a lot of explaining as to why I deserved an increase in my rating whereas in the past I explained to everyone that was supposed to be assisting me, the veteran. VetLaw gave me assurance that I was not alone in this process that they are well qualified to help. VetLaw fights for Veterans.

I submitted my own claim and was denied. I submitted an appeal and was denied, I submitted an appeal to higher court and was denied. I contacted VetLaw and was treated just awesome. They answered all my questions and kept me up to date on everything. If I didn’t understand something, they explained it to me. I can’t thank them enough because I was approved for my husband’s monthly disability benefits and back pay to the date he passed away.

I would like to thank Mr. Garcia for his assistance in resolving my VA Appeals. I have worked with Mr. Garcia for several years on multiple appeals and he has been a pleasure to work with throughout the process. He is a true professional and has a wide area of expertise. Mr. Garcia does not quit working for you until he gets your appeal resolved in a manner which accurately reflects your entitlements. He is persistent and thorough and has the Veteran’s best interests at heart. Thank you again Mr. Garcia, it was a working with you and your staff.

I have been trying to get unemployability. was denied. so, I when to a VSO they told me I need to get this and that, not much help. I was at a loss what to do next. so, I called Vet Law. my case worker was Teresa. 9 months later. 100% P&T! Got monthly updates, could not be happier with service and outcome. THANK YOU, VET LAW.

I have been dealing with the VA for Bladder cancer for over Three years. It was denied once then approveded for only 1 year back pay and temporary based on my future success in treatment. I contacted VALaw and they started a new claim. two years later and I finally received the prior two years back pay and a permanent status. I cannot be more pleased with VetLaw for making it right.

I was ready to give up trying to get my benefits when I contacted VetLaw. They were courteous and extremely helpful. They explained how they could help get what I deserve. I had no idea how to get my denial letter and they put me on a conference call with the VA and had my denial letter in minutes. I got monthly updates until last week when I was approved. Veterans needing help with getting benefits really should go to VetLaw.

VetLaw represented my father with his service-connected disability compensation claim. After researching many other law firms regarding my father’s case, reading reviews and much more, we decided VetLaw was the best firm to represent my father’s case. Brendan Garcia and Emily McGaffigan are excellent professionals that are geniune and truly care about veterans! They are attentive, cordial, extremely helpful, responsive both via phone calls and emails, kept us informed regularly and treat everyone with dignity, honor and respect. Thank you from a greatful veteran who was awarded 100% service-connected disability! VetLaw is reasonable and we highly recommend them. We believe VetLaw is a valuable instrument of justice and representation for veterans!

Where do I begin? I have been dealing with the VA for almost 14 years since leaving Active Duty in 2008. For YEARS I stayed at my 10% rating simply due to not knowing where or how to get the further compensation I felt I was entitled to. I am an OIF veteran, and I had plenty of issues I struggle with day to day. For most reading this, we know dealing with the VA Disability compensation process can be a part time job filled with plenty of frustration, disappointment, and added stress. Years later I began pursuing my own claims. After many appointments, and claims/appeals, I was almost where I knew I should be. I had an appeal that was denied by the VA, and this was the first time I thought about reaching out to a Veterans Lawyer for help. I did not know how to appeal an…

I can’t say enough about the assistance I received from the folks at Vet law. Mr. Garcia and Teresa were a God send. I have been doing this whole VA process on my own and have been struggling. I contacted Vet Law and they got in touch with me very quickly. If I had questions they answered them. I always knew through them how things were going. Needless to say I wish I had found them sooner. I will be recommending them to Veterans I know and those I meet along the way if they need assistance don’t hesitate to reach out to Vet Law. Through them I received benefits I didnt even know that I was entitled to. They are true to their word and they work to get you everything they possibly can. Thank you Vet Law.

After a 12 year battle with the VA, and multiple local lawyers, I was referred to VetLaw. I finally felt like my case mattered and felt in good hands right from the beginning. They were super nice, knowledgeable, and very professional. They took the time to check in frequently to update me on the status of my claim. The also were very prompt in addressing any questions or concerns I had with regards to my case. I was very pleased with VetLaw and their services and would definitely recommend them to anyone in need of VA claim assistance!

Brendan Garcia is my attorney for all my VA claims & issues at present and will be always in the future. I Started with a DAV representative, totally useless, then had about 7 different appointments with different so called attorneys that claim that they can handle VA issues. Unbelievably, they were also useless and unfamiliar with VA procedure, it was evident. Not to mention about dozen that I called and never had a reply. Finally, one attorney before Mr. Garcia was a former Veteran, had to fire him, he never communicated, wasn’t prepared and almost lost the appointment date for a RO hearing, fired him in a heart beat. I was stressed, 2 days before the RO hearing, I was searching, researching all over the Internet. Finally, I ended up on Mr. Garcia’s website, reading every thing on his site. Of course, when I read that he is a Marine…

I processed my VA Agent Orange appeal for over 4 years and could not get satisfaction out of the bureaucratic maze. I then contacted Brendan Garcia, who is a former Marine and has, in the past, worked as an attorney for the VA. He knows the ins and outs of the “system ” and has been able to get my appeal through the proper channels which has resulted in my being awarded 100% disability. He kept me informed during the entire process, was easy to work with and has lots of empathy for aging disabled veterans. I feel very fortunate to have found and hired Mr. Garcia.

Being a veteran and choosing to take on the big government beauocracy alone can be a perilous endever. Years ago the rules changed after decades that veterans could not be represented by professional legal counsel. It’s like the system was stacked against us veterans who needed to be saavey enough to win claims against the madness that is the Veterans Benefit Administration (VHA). I know, because I was up to my neck in getting my claims honored. One day after being denied yet once again, I just said enough going it alone or working with Veterans Servoce Organization (VSO) who seem to have left me with the impression that my case was too complex to properly handle so that’s when I reached out to a true legal professional, my attorney Brendan Garcia. In a reasonable amount of time we have been successful before the Veterans Board of Appeal and at…

I have a VA claim that has history going back 50 years. On sending Brendan a quick synopsis of the claim he phoned me very shortly after receiving my information. He without any promises said he would be interested in pursuing my situation. I gathered up a very lengthy file that required a notice to the VA as to whether I would be entering an appeal; Brendan locked in that appeal. What impressed be is his professional interest in an extremely difficult case that will involve many , many hours of research on his part. His agreement (professional feed) over this agreement was very fair –no fee if the appeal fails — and if it succeeds : very very favorable to me and to his efforts. I am active in the VFW and will refer his services to any veteran that has a problem with the VA. Most importantly, Brendan…

I would like to take a few moments to tell you something extremely important. To all DISABLED VETERANS: I realized after years of quiet requests on my own and even with help from V.S.O. Officers, I was going nowhere with the VA. I am a service connected vet from Lebanon ’82/’83. My situation was a no brainier. I had continued to work 34 years in great pain, as not to burden tax payers. I had asked politely for modest pension increases multiple times, to no avail. I saw an add online for Veterans Law Firm. This is when I called Brendan Garcia. He took my call personally, looked up my record from his office and in less than 14 months, took care of everything in a military, no frills, proper way. He got me the benefits I earned so long ago. I had put off my request for as long…

– Google review

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What a Veterans’ Disability Benefits Denial Attorney Can Do to Help

All veterans who suffer from a current disability deserve the full amount of benefits available to them. Unfortunately, VA routinely denies these benefits, leaving veterans no choice but to either appeal that decision or give up on their claim. A veterans’ disability benefits denial lawyer can help interpret the agency’s decision, review your VA file, and determine the best path to take in order to pursue an appeal. Call today to schedule a free case review and consultation.

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