Do I Need a VA Disability Lawyer?

May 22, 2021

Our South Carolina Disability Lawyers Explain When to Hire Legal Help

Millions of U.S. veterans are currently living with disabilities caused by their time in the service. For some of these individuals, it is simply not possible to work a normal job. A person with severe PTSD may take years before they can return to a workplace, if they ever do. A person with burn injuries or amputations will likely not be able to perform many work tasks. It is for this reason that we have disability benefits for veterans.

Unfortunately, disability benefits are a difficult prospect for many veterans, especially after a claim denial. It is at this point that you should consider working with a VA disability attorney.

Why Does the VA Deny Disability Claims?

There are a number of reasons why the Department of Veterans Affairs (VA) may deny a claim for disability benefits. One of the most common reasons is that information was missing from the initial application. More specific reasons for a denial include:

  • The VA claims you lack a qualifying disability. In some cases, the VA may believe your condition does not qualify for benefits or is not related to your time in the service. Some people receive a denial of benefits if their condition is in remission.
  • Missing a C&P examination. The compensation and pension exam is also called the “claim exam”. This is an important exam. Do not miss it or the VA may deny your benefits.
  • Documentation or filing mistakes. If you filled out the wrong forms or failed to include important evidence for your claim, then the VA may deny your benefits. The same is true if you miss any important deadlines.

Can I Appeal a VA Denial?

The process for appealing a VA denial changed recently. If the VA sent your denial before February 19, 2019, then you would have needed to file a Notice of Disagreement Form to begin the appeals process. There is a backlog of legacy appeals the VA plans to address by 2022.

If the VA sent its decision after this date, then your appeal would fall under the Appeals Modernization Act. You could choose between one of three options for appealing your claim under this new system. Learn more about the changes under the Appeals Modernization Act on our website or give us a call. We offer free consultations.

Do I Need a VA Disability Attorney for an Appeal?

It helps to work with an attorney during the appeals process. The appeals process can be time-consuming and difficult for someone who does not have experience with disability law. An experienced attorney can help you review and select the best path forward for filing a successful appeal. Additionally, an attorney can represent you at disability appeal hearings if necessary.

You can call the Law Offices of F. Craig Wilkerson Jr. and schedule a free consultation at no cost. To schedule a free consultation with one of our disability attorneys, call (803) 324-7200 or use the contact form on our site.