The VA’s disability compensation program can form an essential part of a disabled veteran’s income following discharge from the military. In order to receive these benefits, though, a former servicemember must be able to demonstrate that they suffer from a disabling condition and that it is the result of an incident that occurred while they were on active duty.
Unfortunately, many veterans face receiving a denial of an initial application for a variety of reasons. For example, a lack of service-connection, a dishonorable discharge from the military, and a condition that is not severe enough could result in a denied claim for benefits.
A skilled Winston-Salem VA disability benefits denial lawyer may be able to help you if you were denied compensation. VetLaw’s team of knowledgeable attorneys can evaluate the reasons for your denial, pinpoint a potential path toward appealing the decision, and help you pursue that appeal in a timely fashion.
Applicants for VA disability benefits must meet a very specific set of criteria, the first of which is that they actually have a disabling condition. In addition to diagnosing and treating service-connected injuries, VA doctors can also determine whether a condition leaves a veteran permanently disabled for the purposes of a benefits application.
Disabling conditions can be physical, mental, or a combination of both. For instance, a former servicemember may be left unable to work after sustaining an injury on active duty, but this may not be enough to qualify as a disability under the VA’s definitions. However, unemployability may also affect a veteran’s mental wellbeing, as it is not uncommon for them to suffer from depression, anxiety, or other mental health concerns following an incident.
A seasoned Winston-Salem VA disability benefits denial attorney could help former servicemembers understand the qualifying factors that may serve to demonstrate the extent of their conditions. They could also help interpret and appeal a denial of a claim based on a lack of such evidence.
In addition to proving the severity of an injury, a veteran must also connect their disabling condition to their time on active duty. Injuries sustained while in combat, during active-duty training, or while serving in a support or administrative capacity could qualify for benefits.
The VA commonly disputes whether a condition is service-related, especially when a person enters the service with a preexisting condition. For example, many military members suffer from asthma, vision problems, or partial deafness before entering service. If applicable, it may be an applicant’s responsibility to demonstrate how active-duty service aggravated their pre-existing conditions, though in certain limited circumstances the burden falls upon VA to show the condition did not become worse.
In the same vein, a former servicemember should point to a specific incident which occurred during active duty that caused their disability. A dedicated VA disability benefits denial lawyer in Winston-Salem could further explain the VA’s service-connection requirement and gather evidence to support your claim.
In general, any former servicemember who suffers from a disabling condition due to a service-connected injury may file a claim for benefits. Even so, the process for receiving compensation is complex, and a single error may result in a denial.
A Winston-Salem VA disability benefits denial lawyer could help you understand the requirements for receiving compensation, evaluate the reasons for your denial, and develop a plan to move forward. The time to appeal your denial may be running out, so call today to learn more about the options available to you.
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