According to the United States Department of Veterans Affairs, 5.23 million veterans were receiving Veterans Affairs (VA) disability compensation as of September 2021. Countless more veterans are waiting for the federal agency’s decision on their claim for VA disability benefits, and thousands of others are struggling with denials. At Centonzio Law, PLLC, our veteran benefits attorneys understand how frustrating, complicated, and time-consuming the disability claims process can be. Our knowledgeable attorneys are dedicated to helping veterans navigate the VA disability filing and appeal process and answering common VA disability questions. We represent veterans seeking VA disability benefits nationwide from our offices in Missouri and Florida. Those who need assistance with applying for VA disability benefits or appealing the denial of their claim can reach out to our attorneys by calling (816) 710-9455 (Missouri) or (727) 900-7290 (Florida). We can also be reached toll-free at (800) 342-2727.
Answers To The Common VA Disability Appeal Questions
Below are answers to some of the most common questions veterans have regarding VA disability benefits and appeals in the United States.
What Are VA Disability Benefits?
The term “VA disability benefits” refers to compensation that the Department of Veterans Affairs (VA) awards to eligible veterans who have served in the military. A veteran might be eligible for these benefits if they suffered physical or mental health conditions during service. Most VA disability benefits are awarded to veterans to compensate them for service-connected disabilities. Unfortunately, however, many of these legitimate claims are denied, which forces a veteran to navigate a labyrinth known as the VA appeals process.
Why Was I Denied Benefits? Who Is Eligible for VA Disability Benefits?
Veterans who suffered physical injuries or developed mental health problems during active duty service are eligible to apply for VA disability benefits. A veteran may also file for disability benefits if their condition was aggravated by military service. In order to receive VA disability benefits for a service-connected disability, a veteran must meet the following eligibility requirements:
- They have served in the United States military (Navy, Army, Air Force, Marine Corps, Coast Guard).
- Their military service was “active.”
- Their discharge was not under dishonorable conditions.
According to the Department of Veterans Affairs, a veteran is not eligible for VA disability benefits if their character of discharge or service was under dishonorable conditions.
Again, many veterans that have a legitimate disability claim receive a denial and must go through a long and arduous appeal process. Consider visiting with an experienced VA disability appeal attorney to understand all of your legal options.
How Can the VA Deny a Service-Connected Disability Claim?
A disability is considered “service-connected” if the veteran can prove that their condition was:
- Directly caused by active military service;
- Aggravated by active military service;
- Occurred while serving in the military; or
- Caused by service-related conditions.
The Department of Veterans Affairs excludes conditions resulting from the use of alcohol and drugs from the list of service-connected disabilities. Some of these denials are appropriate, while others are not. Visiting with an experienced veteran appeal attorney can help you understand whether or not your service-connected disability claim denial can be appealed.
What Are the Most Common Types of VA Disability Appeal Claims?
Veterans received denials for their VA disability claims for every kind of injury and condition including:
- Hearing loss
- Eye injuries
- Post-Traumatic Stress Disorder (PTSD)
- Paralysis of the sciatic nerve
- Loss of limbs
- Knee problems, including limitation of flexion and arthritis
- Back and neck pain
- Spinal issues
- Traumatic brain injuries
- Degenerative arthritis
- Musculoskeletal system conditions
Regardless of the medical condition or impairment, a veteran might be eligible for VA disability benefits and still receive a denial. Our experienced attorneys at Centonzio Law, PLLC, have handled countless VA disability appeal claims and are dedicated to serving our clients.
Why Are VA Disability Claims Denied?
In many cases, the Department of Veterans Affairs denies VA disability claims because they lack sufficient evidence to support the applicant’s case. Other grounds for VA disability claim denials include:
- The veteran has fully recovered from the injury or condition;
- The applicant missed deadlines when applying for benefits;
- The applicant did not submit enough evidence to support their claim;
- The doctor’s assessment of the condition is inaccurate or wrong;
- There is no link between the condition and the applicant’s service;
- There is no evidence to prove that the applicant served in the military;
- The veteran failed to show up for mandatory medical examinations;
- The applicant filled out and submitted the wrong form;
- The applicant’s condition is not on the list of service-connected conditions; and
- The applicant does not have the necessary disability rating to be eligible for benefits.
In many cases, a veteran will have a claim inappropriately denied based on one of these reasons. Visiting with an experienced attorney that understands veteran disability claim appeals can help you learn whether or not you have the legal standing to fight for justice and to receive the compensation you deserve.
Contact The Experienced VA Disability Attorneys At Centonzio Law, PLLC
The Department of Veterans Affairs processes hundreds of thousands of VA disability claims every year. A large percentage of these claims are denied. At Centonzio Law, PLLC, our attorneys assist veterans in seeking VA disability benefits after a denial, proving that their conditions are service-connected, and guiding them through every step of the appeals process. If the common VA disability questions section above does not address your question, consider speaking with our attorneys to discuss your particular case. Call (816) 710-9455 if you live in Missouri or (727) 900-7290 if you are a veteran seeking VA disability benefits in Florida. You can also reach us toll-free at (800) 342-2727.