Atlanta Veterans’ Disability Lawyers

Understanding VA Disability Benefits

Injuries sustained during military service are frequent occurrences, as are mental health issues arising from the demanding nature of active duty, including conditions like post-traumatic stress disorder (PTSD). The VA extends monthly benefits to eligible U.S. military veterans, and in certain instances, to their dependents, aiming to support those grappling with a range of physical and mental health challenges that significantly affect their lives and earning capacity for themselves and their families. The VA disability coverage also encompasses chronic ailments and preexisting conditions aggravated by military service, provided a clear link to the service period can be established.

The precise amount of monthly compensation hinges on various factors, including:

• The severity of the injury, illness, or medical condition
• The extent to which the injury impairs activities like range of motion, standing, walking, or other physical endeavors
• The assigned "impairment rating" ranging from 0 to 100%
• Whether the disability renders you unemployable
• Whether you have dependents such as a spouse or child
• Whether your spouse is severely disabled

Our experienced attorneys are available to meet with you to delve into the specifics of your circumstances, including the potential amount you could receive in VA disability benefits. We encourage you to arrange a complimentary consultation with our team at your earliest convenience.

Applying for VA Disability Benefits 

The most efficient method to apply for benefits is through the VA's official website, utilizing the online application portal. Alternatively, applications can be submitted via mail or in person.

During the application process, you will be required to furnish a variety of documents and information pertinent to your claim, including but not limited to:

• Medical records from both military and civilian hospitals
• Detailed information concerning your disability or medical condition
• Documentation pertaining to your military service
• Discharge paperwork from the military
• Information elucidating the exacerbation of your disability
• Optional supplementary statements from acquaintances, family members, or fellow servicemembers

Our legal team can assist you in compiling and submitting all requisite documentation alongside your claim. Providing comprehensive information bolsters your chances of a successful disability benefits claim. Nevertheless, it's not uncommon for even meticulously prepared applications to encounter hurdles. Hence, it's advisable to anticipate potential requests for additional information from the VA subsequent to the initial submission.

Common Reasons VA Benefits Are Denied

VA disability benefits may be denied for a variety of reasons, some of which are common across applications. These reasons include:

• Lack of Sufficient Medical Evidence: One of the primary reasons for denial is insufficient medical evidence to support the claim. The VA requires thorough documentation of the medical condition, including diagnosis, treatment history, and the impact of the condition on daily life. Inadequate medical records or incomplete documentation can lead to denial.
• Failure to Establish Service Connection: To qualify for VA disability benefits, the condition must be connected to military service. If there is insufficient evidence linking the current disability to service-related incidents or if the condition existed prior to military service without aggravation during service, the claim may be denied.
• Disagreement with Medical Evaluation: The VA may conduct its own medical examinations to assess the severity and impact of the claimed disability. If the results of these examinations conflict with the evidence provided by the claimant or their private medical providers, it can lead to denial.
• Inconsistencies or Gaps in the Application: Any inconsistencies or gaps in the application, such as missing information or conflicting statements, can raise doubts about the validity of the claim and result in denial.
• Failure to Attend Examinations or Provide Information: If the claimant fails to attend scheduled medical examinations or provide requested information or documentation within the specified timeframe, the VA may deny the claim due to lack of cooperation.
• Disability Rating Below the Minimum Threshold: The VA assigns disability ratings based on the severity of the condition, ranging from 0% to 100%. If the assigned rating falls below the minimum threshold required for eligibility, the claim may be denied.
• Lack of Permanent Disability: VA disability benefits are generally reserved for permanent disabilities or conditions expected to last for a prolonged period. Temporary or short-term conditions may not meet the eligibility criteria and could be denied.
• Failure to Meet Specific Eligibility Criteria: Certain disabilities or conditions may have specific eligibility criteria outlined by the VA. If the claimant fails to meet these criteria, their claim may be denied.

When facing a denied VA benefits claim, seeking legal representation from Affleck & Gordon can make all the difference. Our experienced attorneys are dedicated to advocating for veterans and will tirelessly fight to ensure that your rights are protected. From reviewing your denial notice to representing you in appeals hearings, we will guide you through every step of the process with compassion and expertise. 

From our office in Atlanta, we serve clients throughout Fulton County, GA. Call (404) 990-3945 or contact us online to schedule a free consultation with a member of our team today.