Veterans’ Benefits Denial Lawyers

The lawyers and attorneys at our firm are offering free consultations to veterans whose application for disability benefits has been denied, as well as spouses of deceased veterans who have been denied their survivor benefits. Over the past several years, as Americans have been horrified to learn of the mistreatment inflicted on returning Iraq war veterans by the Department of Veterans Affairs (VA), laws and other regulations have been enacted to protect the rights of veterans to medical and other benefits they are entitled to.

Since June 2007, veterans have been allowed to retain an attorney after the first denial of benefits. If you or someone you love has been denied veterans’ benefits, there are remedies available to you. The veterans’ benefits denial lawyers at our firm will work hard to make sure the federal government honors your service to this country. We won’t stop fighting until you receive the veterans’ benefits the law says you deserve. Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to speak with one of our experienced attorneys.

Parker Waichman Alonso’s veterans’ benefits denial lawyers serve clients all over New York, including Manhattan, Brooklyn, the Bronx, Queens, Nassau, Kings county, and Suffolk.

Parker Waichman Alonso’s veterans’ benefits denial lawyers also serve clients in Florida from our Bonita Springs office, in Lee, Collier, Hendry and Charlotte Counties, and in New Jersey (including Bergen, Hudson, Passaic and Essex counties, Englewood, Fort Lee) from our Hackensack office.

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Veterans’ Benefits

There are numerous benefits available to veterans and their families. These benefits can include health benefits, home loan benefits and education benefits. If you have lost a loved one who was a member the armed services, you may also be entitled to survivor benefits.

A veteran is eligible for disability benefits if they sustain an injury or disease that occurred while on active duty. You may be eligible for veterans’ benefits if you have a service-related disability and you were honorably discharged, or discharged on other than dishonorable conditions. The amount of monthly veterans’ benefits depends on the severity of your disability. In some cases you may be paid additional amounts if you have suffered a loss of limb or limbs; you have a spouse, children, or dependent parents; or if your spouse is seriously disabled.

Determining the amount of benefits a veteran should receive is a complicated process. Veteran’s disability benefits are based on the establishment of a service-connected impairment and the assigned disability rating based on that injury. The rating reflects the percentage loss of use of a body part, and benefits will be based on this assessment.

One of the key problems facing many veterans is the fact that their VA rating does not reflect the true extent of their disability. There can also be a conflict as to whether the impairment is service-connected or secondarily related. This can be especially true for veterans facing mental health issues, such as post-traumatic stress disorder (PTSD), relating to their service.

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Veterans’ Benefit Denials

To receive veterans’ benefits you must make a claim with the VA. New applications by Iraq and Afghanistan war veterans have resulted in long delays and a higher likelihood of mistaken denials. If you are denied, you can appeal the VA’s decision. However, after you receive a disability rating, you only have one year to file a Notice of Disagreement (NOD). Once it has received your notice, the VA will mail you VA Form 9 that you must fill out and return.

After a VA Form 9 has been submitted, the VA will convene a “personal hearing.” You are allowed to have representation at this hearing, and it is highly recommended that you obtain an experienced veterans’ benefits denial lawyer for this proceeding.

If an appeal is denied, veterans have the right to another appeal to the United States Court of Appeals for Veterans Claims. This court is entirely independent and separate from the VA. Such appeals are extremely complicated, and if you have not already hired an attorney, it is recommended that you do so at this point.

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Legal Help for Victims of Veterans’ Benefit Denials

Making a claim or appeal with the VA can be very complicated. The veterans’ benefits denial lawyers at our firm can help you better understand exactly what benefits you are entitled to. If necessary, our attorneys can help you with filing a claim or appealing a decision.

If you or someone you love has been denied veterans’ benefits, you have valuable legal rights. Please fill out our online form, or call 1 800 LAW INFO (1-800-529-4636) to discuss your case with one of our experienced veterans’ benefits denial lawyers as soon as possible.

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Tips to Help Veterans Maximize Disability Benefits

Veterans Benefits - Useful Information

One of the most confusing situations veterans face is navigating the differences between VA disability claims and Social Security Disability claims, as many have concurrent claims under both programs or may begin receiving benefits under one program before a decision is reached on another. However, there are major differences between the programs that veterans should remember.

VA compensation, also known as service-connected disability isn’t based on income. Therefore, you can receive VA compensation as well as Social Security Disability at the same time. A separate program known as a VA pension is available to veterans with little or no income and are disabled. Therefore, it’s possible to receive both SSI and VA pensions at the same time. …

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Understanding VA Disability Ratings

Veterans Benefits - Useful Information

An application for veterans disability benefits is a lengthy and complex process that involves several steps before an outcome is determined. This article is designed to let you know what to expect during the process and how benefits are computed.

The process begins with an application and eligibility verification, which includes confirmation of the diagnosis of the condition you’re claiming. Once the diagnosis is complete and all required information is gathered, a ratings veterans service representative takes over your case and will make many key determinations that will ultimately determine your benefit award.

In the Veterans Administration system, ratings are assigned to signify the severity of a condition and what it may represent in terms of lost income. The scale runs from 10 to 100 percent, climbing in 10 percent increments, with 100 percent representing total disability. …

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Appealing a VA Disability Decision

Veterans Benefits - Useful Information

Inevitably, some who receive a final decision on their VA disability benefits application will disagree with the findings and want to appeal. Here are some steps you need to take and rules you need to keep in mind that come with the veterans disability appeals process.

For starters, appeals can only be taken on final decisions by the agency of jurisdiction, which is usually the regional office. It’s also important to note that proposed benefit reductions aren’t final decisions and can’t be appealed until a final ruling has been made.

While almost anything in the regional office’s final decision can be appealed, the appeal process must be started within one year of the original notice date or the decision becomes final and cannot be appealed. Also, medical decisions cannot be appealed to the regional office. …

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Understanding the Basics of Veterans Benefits Administration Compensation

Veterans Benefits - Useful Information

denied veterans benefitsAs with many government programs, Veterans Administration disability compensation remains a complicated concept for many who’ve been wounded or otherwise injured during active military duty. This article’s designed to give you a few things to keep in mind to maximize any benefits to which you’re entitled.
Disability compensation not only applies to wounds, injuries and diseases that occur during active duty, but also to an existing condition that become worse through active military service. Also, veterans who suffer impairments as a result of their service that require VA medical care are also eligible once they leave the VA medical system.

Basically, any veteran with a service-related disability and who doesn’t receive a dishonorable discharge should file a VA claim. The actual benefit that a veteran receives will be determined in large part by the severity of their disability. Another important thing to remember about VA benefits is that they’re tax free.
An application for VA benefits is filed using VA Form 21-526, which is known as the Veterans Application for Compensation and/or Pension. In addition to the application, you’ll need to ensure you attach the following documentation:

• Discharge or separation papers (Form DD214 or an equivalent)
• Dependency records, such as marriage certificate and any birth certificates of dependent children
• Medical evidence, such as hospital or doctor’s reports

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Tips to Get Fair Veterans Disability Evaluation

Veterans Benefits - Useful Information

veterans, department of veterans affairs, veterans benefits, veteran benefit denialUnfortunately, filing for Veterans Administration benefits is a process that often requires both courage and stamina, as it can evolve an extensive amount of paperwork and time. This article is designed to give you some helpful hints on filing a claim and managing the ups and downs that come with the claims process.

The most important thing to remember is that the proper forms and documentation must be filed to begin the claims process since you cannot be granted a disability, even if compensation is deserved without a claim. Make sure to fill out VA Form 21-526 to begin the process. If you need help, a number of national and local service organizations, such as the American Legion, Veterans of Foreign Wars and others can assist you. …

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