Getting VA disability is not difficult in some cases but it is in others. It does require some planning and effort, but the return on these investments can be great. You and your family could potentially qualify for monthly tax-free payments along with access to medical treatment. You can just submit an application on your own at the veterans affairs website, although you have a higher chance of succeeding if you take the time to adequately prepare your application.
Unfortunately, many veterans who actually qualify for VA disability compensation have their claims rejected. This can sometimes be avoided by ensuring that your initial application contains your complete service records and adequate medical documentation. But even complete and accurate applications are sometimes rejected because of clerical or legal errors. In these circumstances, the VA disability compensation lawyers of Jackson & MacNichol can help. Call us today at 800-524-3339 for a free consultation about how to appeal the denial of your VA disability claim.
Why does the VA Reject Some Disability Compensation Claims?
Each case is unique, but in our many years of serving America’s veterans, we’ve seen some recurring patterns in the cases we take. The most common causes for a rejected VA disability compensation claim are the following:
- Clerical Error–A number of applications are rejected because of an error on the VA’s end. In these cases, a review of the decision will show where the mistake was made, and you may obtain your disability compensation without having to submit additional evidence.
- Missing Evidence–You have the option of applying for VA disability compensation without supplying evidence, and the VA will look for supporting records on your behalf. But sometimes, the VA can’t find these records, or those that they do find are incomplete or inaccurate. Your case will usually be processed faster if you provide the evidence yourself.
- Discharge Status–You cannot qualify for veterans disability compensation if you received a dishonorable discharge. If you received a bad conduct discharge after a general court martial, you will not qualify either. But if the bad conduct discharge was issued from a special court martial, the VA will make its own determination, referred to as a “character of service determination.”
- Medical issue not related to service–If the evidence does not show that your medical problem was caused or made worse by your service, you will not be eligible for disability compensation. There are circumstances in which the disability arises during service, but you still won’t qualify for disability compensations, such as when the injuries occured while you were AWOL, engaged in willful misconduct, or were being detained.
If your claim is rejected for one of these reasons, do not give up hope. The VA has a process for veterans to request a review of their claims decisions. Basically, an initial rejection of your claim does not mean that you will not eventually qualify for benefits. All you have to do file the Notice of Disagreement (NOD) within one year of the date of the initial decision to start the appeals process.
How a Veterans Benefits Lawyer Can Help
If you are suffering from the effects of a disability and struggling to maintain your own and your family’s finances, the prospect of embarking on the years-long process of appealing a veterans disability claim may seem daunting. At Jackson & MacNichol, we understand how stressful it can be to see your future hanging in the balance, awaiting an administrative decision. For this reason, we do everything we can to ease the stress of the appeals process while effectively and aggressively advocating on your behalf. Call us today at 800-524-3339 for your free consultation.
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