The path to securing veterans disability benefits through the Veterans Administration (VA) is often riddled with potential roadblocks and pitfalls. Successfully applying for VA disability benefits often requires an understanding of the scope and requirements of veterans disability claims. Engaging in the disability claims process requires time, patience, and accurate information.
Common Road Blocks to Accessing Veterans Disability Benefits
Below is a list of common road blocks and challenges veterans encounter when applying for VA disability benefits:
- Inadequate Medical Evidence: A key factor in successfully securing veterans disability benefits is providing sufficient medical evidence to the VA. Unfortunately, many veterans struggle to gather and present medical records that clearly establish the connection between their service-related injuries or conditions and a resulting disability. This is why it’s one of the most common road blocks to accessing veterans disability benefits. If you’re having difficulty collecting medical records, contact Bross & Frankel. Our team of seasoned disability benefits attorneys will work closely with you to compile and present compelling medical evidence to the VA.
- Lack of Understanding: Another common road block is being unaware of the inherent complexity of the VA disability claims process. Many veterans are unaware of the specific requirements, deadlines, and the evidence needed to support their disability benefit claims.
- Denied Disability Benefit Claims and Appeals: Another road block many veterans encounter is a denial of their disability benefits claim. Receiving a denial can be disappointing and may deter a veteran from continuing on in the claims process. It is important to understand that an initial denial of your claim is not the end of the process. You have the legal right to challenge the VA’s decision to deny your claim. The veterans’ disability benefits attorneys at Bross & Frankel are ready and able to assist you in crafting an appeal with the best chance of getting the compensation you’ve earned through your military service. We will work with you to help you determine the best method of appeal, then file the appropriate paperwork to fight for your right to secure needed disability benefits.
- Lengthy Claims Process: The VA disability claims process can be lengthy which presents another road block for many veterans. It is quite common for veterans to become frustrated and anxious while they wait to hear back from the VA on their disability benefits claim.
Overview of the VA’s Three-Part Test for Disability Benefits
As mentioned, understanding the claims process for disability benefits is important. The more information and knowledge you possess about the process, the better odds you have to successfully obtain benefits.
By way of background, the VA typically uses a three-part criterion to establish eligibility for service-connected disability benefits. According to VA regulations, a service-connected disability is defined as:
- Having a medically diagnosed disability.
- Suffering an injury, disease or other event while engaged in military service that caused or aggravated the disability.
- Demonstrating that your existing disability is the result of the injury, disease or event during service
This three-part test sounds relatively straightforward, but many veterans encounter road blocks at every turn. For example, a potential road block that may arise is if your diagnosis is not for a recognized disability, or if there is no documentation of your service-related injury or illness. An experienced and knowledgeable disability benefits lawyer can provide guidance if you encounter these types of issues during the claims process.
If the VA determines a veteran has a service-connected disability, their disability is rated according to VA criteria. Ratings refer to the extent and severity of the disability, and range from 0 percent to 100 percent. We take a deep dive into this topic below.
Identifying Your Disability Rating
When it comes to successfully applying for veterans disability benefits, a key component that can help overcome certain road blocks is properly identifying your disability rating. Understanding your rating is important because it directly influences the amount of compensation you may be eligible to receive.
For context, the VA grants ratings depending on the severity of a servicemember’s disability, ranging from 0 to 100 percent. These ratings are made in 10 percent increments. The higher the rating, the higher the compensation.
You can gain access to your disability rating here. However, making sense of your rating and ensuring its accuracy can be difficult. This is where speaking to an experienced veterans disability benefits lawyer can pay dividends. A knowledgeable attorney can provide guidance not just in retrieving your disability rating, but fully understanding and assessing the rating as well.
Many veterans find the process of filing VA disability claims intimidating and overly complex. Why? Because a veteran must figure out ways to effectively convey the severity of their medical condition. VA regulations require detailed medical evidence to support a veterans disability benefits claim. The stronger the evidence, the higher is the possibility of a successful outcome.
However, a road block that many veterans encounter is obtaining sufficient medical records and associated pieces of evidence. Even if a veteran is able to successfully compile their medical records, that material must be presented correctly and effectively. Again, this is where retaining the services of a skilled and knowledgeable VA benefits lawyer makes sense. A lawyer can assist in collecting necessary medical information and work to present that information in a persuasive and compelling manner.
Need Help Accessing Veterans Disability Benefits? Contact Bross & Frankel Today
If you are encountering challenges and roadblocks in your application process for veterans disability benefits, contact Bross & Frankel today. Our disability benefits law firm in New Jersey is proud of our record and reputation in assisting veterans with the benefit claims process. Most of our VA clients are referred by other veterans whom we have helped over the years.
Mr. Frankel has put his knowledge as a veterans disability benefits advocate to work in representing veterans in the unique area of disability compensation benefits. In addition, Mr. Frankel has taught other attorneys about the VA claims process, and contributed a chapter to a book dedicated to informing lawyers about the challenges and potential pitfalls associated with representing veterans in VA claims: “Navigating Legal Issues for Military Veterans: Leading Lawyers on Arguing Disability, Pension, and other Claims Before the VA.”
In sum, the attorneys at Bross & Frankel know veterans disability benefits law and are ready and able to help. Schedule your confidential, no-cost evaluation of your claims with one of our experienced VA attorneys today. If you have questions and would prefer to speak to one of our representatives about your eligibility for veterans disability benefits before scheduling, you can call our office at (856) 795-8880.