Waunakee Veterans Disability Lawyers
Helping Veterans Nationwide
As a former United States Armed Forces member, you risked a lot to serve and protect our country. If you suffered a physical or mental injury during your time in service, you have the right to seek benefits to cover associated costs. Unfortunately, the U.S. Department of Veterans Affairs claims processes are not always straightforward. The complexities involved can cause an otherwise well-founded request for compensation to be denied. Veterans should get the benefits they deserve. In some cases, it may be necessary to hire legal representation to assist in filing a claim or appealing a decision.
At West & Dunn, our veterans disability attorneys in Waunakee have extensive experience helping vets and their families through the U.S. Department of Veterans Affairs processes. We are all too familiar with the challenges you might face when making a claim. That is why we deliver compassionate support and aggressive advocacy. Our team can assist in preparing the correct forms and making a compelling case for service-connected disability benefits. If the claim is denied or you are given a low disability rating, we can appeal the decision at the administrative level and through the courts.
The first step in pursuing veterans disability benefits is making a claim with the U.S. Department of Veterans Affairs. This part of the process requires filling out specific forms and providing supplemental information. Although this might seem straightforward, in some cases, it’s not. You must ensure that you complete and submit the correct documents and give detailed information about your in-service injury and current condition. Any inaccuracies can deny the process or result in a denial.
At West & Dunn, our team has an in-depth understanding of veterans law. We can help you understand the claims process, discuss relevant aspects of your case, and ensure that you include evidence to support your claim.
The severity of your service-related injury and its connection with your current condition might be apparent to you, but the VA might see it otherwise. Your legitimate claim might be denied, or you might receive a low disability rating, leaving you with insufficient compensation.
The U.S. Department of Veterans Affairs' initial decision is not necessarily final. You may be able to appeal the denial. Generally, you only have one year from receiving the decision to challenge it. Act quickly!
Our veterans disability attorneys in Waunakee can represent you at an administrative appeal before the Board of Veterans Appeals. If we cannot reach a favorable outcome that way, we can provide counsel at all levels of the judicial process, including the U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court.
Delivering personalized legal representation, we will review the VA’s decision to determine why your claim was denied. After learning about your situation, we will develop a comprehensive legal strategy to challenge the denial.
You have the right to be compensated for your in-service injury. Our team will fight tirelessly to protect that right and pursue fair benefits on your behalf.
Please call (608) 490-9449 to speak with us about your case or submit an online contact form.
What You Must Prove to Seek Veterans Disability Benefits
The U.S. Department of Veterans Affairs compensates former military members injured during their service whose injuries continue to affect them. However, pursuing disability benefits isn’t always easy. The process can often be complicated, and the complexities seem to increase with each passing year. If a veteran does not follow proper protocols, their well-founded claim could be denied.
Below are the elements that must be proven when seeking veterans disability benefits:
- Development of an in-service injury: The vet must show that they were harmed during their service. The injuries can be physical (e.g., broken bones, head injuries), biological (e.g., diseases developed from exposure to toxins), or mental (e.g., psychological issues arising from service-related stressors).
- Existence of a current disability: The in-service injury must still be affecting the veteran. If the harm has healed, the vet would not qualify for benefits.
- Connection between the in-service injury and current disability: The vet must show that the in-service injury is the cause of the current disability. This connection is referred to as the nexus. In some cases, it may be established by the veteran’s own statements. In others, a medical professional must provide an opinion.
Reasons a VA Claim Might Be Denied
Sometimes, a veteran might submit a claim thinking the VA will approve it. Only they later receive a notification that it was denied.
Some of the common reasons a veterans disability claim would be rejected include the following:
- Incorrect forms: The VA has various forms that can be filled out for a benefits claim. Each one serves a different purpose. For example, one is for pursuing benefits after previously filing a claim, another is for filing a claim after a previous one was approved or denied, another is for submitting additional evidence, and another is for situations where a legal error was identified in the claim. The veteran’s claim may be denied if they did not provide the proper form for their circumstances. Often, the VA will notify the vet that they must submit the correct document without specifying which one is needed.
- Insufficient explanation: When pursuing a veterans disability claim, it’s not enough to merely list the in-service injury and current condition. The VA will not automatically understand the basis of the claim and may deny it. The vet must include a description of their service-related injury, the post-service diagnosis, and their current symptoms.
- No nexus: The nexus refers to the causation between the in-service injury and the current condition. The VA may require a medical examination to verify the nexus. Unfortunately, the VA process may involve sending the vet to a contract examiner who may provide a low-quality compensation and pension (C&P) exam. The examiners are not always medical doctors and may not perform their services in a medical location. Additionally, the results might not provide details about the veteran’s in-service injury and current condition, which means the vet may have to return for multiple exams.
If you need help appealing a denial of benefits, please contact our Waunakee veterans disability lawyers at (608) 490-9449 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.