Baraboo Veterans Disability Attorneys
Helping Veterans Nationwide File Claims and Appeal Decisions
Military service comes with significant risks. During your service in the Armed Forces, you might have suffered an injury that never fully healed and still causes problems. If an in-service injury is connected with a current disability, you have the right to seek compensation for associated expenses and losses. Unfortunately, the process of obtaining benefits can be complicated. The U.S. Department of Veterans Affairs has various forms you must fill out and rules you must follow. Making a misstep at any stage can lead to a denial, even if your claim is well-founded. Fortunately, you can have a lawyer help with your case and provide the guidance you need to pursue a favorable result.
At West & Dunn, our Baraboo veterans disability lawyers believe that those who served our country should receive the benefits they are entitled to. That is why we deliver sound counsel throughout the VA process. Our team can assist in preparing forms, gathering supporting evidence, and submitting documents to the appropriate agency. Should the claim be denied, we are ready to develop a solid legal strategy to appeal the decision.
Proving a Service-Connected Disability
When making a claim for veterans disability benefits, you must demonstrate that your current condition is related to an injury you suffered in the military. The burden requires that you show that:
- The injury was connected to your military service: The harm you suffered could have been something like a broken bone or head injury, a health condition arising from toxic exposure, or a mental health issue caused by stressors.
- You have a current disability: You cannot make a claim for benefits if your injury has completely healed. The harm you sustained must have led to a chronic condition.
- The in-service injury caused your current disability (the nexus): You can demonstrate this connection through your own statements or by an opinion from a doctor.
Legal Assistance Filing Your Veterans Disability Claim
Although you might know that your current disability resulted from an in-service injury, receiving benefits from the VA isn’t always easy. You must submit the correct form for your particular situation and include accurate information and evidence to back your claim. Even if you have everything organized and ready to go, it could be months or years before your matter is resolved. The process can be a headache.
Our team recognizes the difficulties veterans face when pursuing disability claims. We are here to help you understand what to expect at each step. Not only do we explain the complicated VA process, but we also take care of the details to relieve you of some of the stresses you might be facing at this time.
Help Appealing the VA’s Decision
After filing your claim, you might not receive a favorable decision from the VA. The agency might give you a low disability rating or deny your claim altogether. Either way, the outcome affects your ability to get the benefits you need for expenses and losses resulting from your disability.
If your claim has been denied or you got a low rating, you can appeal the VA’s decision. Still, you must act quickly. Generally, you have only 1 year to challenge the outcome.
When you file an appeal, your case may need only go through an administrative process handled by a VA Regional Office or the Board of Veterans Appeals. However, if you can’t obtain a just result that way, you might need to go to court and have a judge decide the outcome.
At West & Dunn, we can examine the VA’s decision and determine why your claim was denied or why you received a low rating. From there, we can develop a legal strategy for your specific needs and present arguments at an administrative hearing. Our Baraboo veterans disability attorneys are also admitted to practice before the various courts your case may proceed through, including the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.
We provide legal guidance through the VA appeal process. Contact us at (608) 490-9449 to discuss your case.
Reasons a Veterans Disability Claim Could Be Denied
The VA often denies well-founded claims.
Common reasons for denials include:
- Wrong forms submitted: Those seeking benefits must use the correct documents when making claims. The VA has forms for previously filed claims, previously granted or denied claims, plans to submit additional evidence, and identification of a legal error. In some cases, the VA might deny a claim and state that the wrong paperwork was filed but not specify which form the veteran should submit.
- Lack of explanation: When filing their claim, the veteran must state more than just the disability they are seeking benefits for. They must also indicate the in-service injury they suffered, the current disability, and their symptoms.
- No causation: The VA might request that the veteran receive a medical exam to determine the extent of their disability. However, the examination facilities are often low quality and not administered by medical doctors. The disability report may not accurately reflect the veteran's current condition.
Our veterans disability lawyers in Baraboo can help those seeking claims or appealing decisions navigate the complicated VA process. Call (608) 490-9449 or contact us online today.
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West & Dunn
I am grateful they took my case and I highly recommend them.- Andrew L.
An outstanding representative for all veterans.- Dr. R.
This firm is very knowledgeable in VA Laws and Regulations, understanding that every case is unique to the individual.- Ray Reid
The professional skills and commitment Attorney Dunn has consistently shown in each of my appeals is confirmed by her success.- Tedd Welch, Vietnam Veteran
They were extremely responsive, professional and honest.- Michael B.