The VA offers a compensation program that provides essential benefits to former servicemembers who now experience a disability because of an injury sustained during active duty. This program can provide tax-free income to veterans who are afflicted by service-connected injuries.
However, not just any condition can qualify for payments. In order to collect VA compensation benefits, you must be able to establish that you have a disability, define the scope and magnitude of your condition, and prove that it is directly connected to an injury which occurred during your active duty service.
Unfortunately, many former servicemembers are denied entitlement to service connection the first time they apply for benefits. A skilled VA-accredited attorney can help you analyze the VA’s reasons for your denial and plan an appeal strategy that maximizes your case’s chances of success. Let a lawyer help you after a benefits denial due to lack of service connection.
A veteran may receive VA disability compensation benefits if they now suffer from a disability caused by a service-related injury. However, proving the debilitating nature of an injury is only part of the process. You must also demonstrate that your current disabling condition is the direct result of an incident that occurred while you were on active duty.
Many denials follow a failure by an applicant to establish a connection between military service and a disability. It is the responsibility of a former servicemember to provide the VA with evidence that points to a specific incident that occurred while on active duty which caused their current condition.
A doctor can diagnose and evaluate your disability and may be instrumental in helping to determine how your condition is related to your active duty time. These opinions, otherwise known as medical nexus letters, are key to proving that your disability is related to an injury incurred on active duty. It can also be helpful to research service treatment records showing a traumatic incident or documenting a combat wound or training accident. VetLaw’s team of dedicated attorneys can help you gather the information needed to demonstrate that service connection is warranted.
The receipt of a denial for VA disability compensation benefits is not necessarily the end of a claim. All veterans have up to one year from the date of receiving a denial to file an appeal. If you were denied benefits, there are several ways to pursue an appeal. Some appeal options allow former servicemembers to submit new information to strengthen their case. While this may take additional time, it allows you to work with a VA-accredited lawyer to uncover new evidence and fortify your claim.
The most intensive means to pursue an appeal involves asking for a hearing before a Veterans’ Judge who would consider your case with a fresh perspective and make an independent ruling about an applicant’s claim. If you received a benefits denial due to denied service connection, VetLaw’s team of experienced lawyers can help you choose an appeal path that offers the best chance for success.
Whether or not you receive benefits from the VA’s disability compensation program could make all the difference when it comes to your financial wellbeing. However, merely suffering from a disabling condition is not enough to justify entitlement to benefits. You must show that your current condition has a significant connection to your active duty service, which usually involves pointing to a specific event or military medical records that indicate the origin of your disability.
A VA-accredited attorney can help you gather evidence and pursue an appeal after you receive a benefits denial due to lack of service connection. The time to appeal your claim is short, so contact our team today to review your options.