Why Was My Veterans Disability Claim Denied?

October 4, 2023 | Attorney, Matthew Dolman
Why Was My Veterans Disability Claim Denied?

Having your veterans disability claim denied can be frustrating, especially because you may be depending on the financial support that benefits can offer. There are many reasons that could explain why your veterans disability claim was not accepted, ranging from simple paperwork errors to major disputes over eligibility. Disability benefits provide critical support to ill or injured military veterans for loss of income, housing modification, caretaker assistance, and other services.

If you believe that your veterans disability claim was unfairly rejected, it’s time to bring in an experienced veterans disability lawyer to determine the best course of action. At Dolman Law Group, we can offer the resources and expertise needed to navigate the complex process of filing a veterans benefits claim. Our team can help you schedule a free consultation when you reach out to us at (866) 481-5347 or use our online contact form to schedule a free consultation. We are committed to providing United States military veterans and their families with exceptional service as they seek the disability benefits they are entitled to receive. 

Your Injury or Illness Does Not Meet the Criteria for VA Compensation 

To qualify for benefits in a veterans disability claim, your illness or injury must meet certain standards. If your veterans benefit claim is rejected on the basis of an ineligible injury, it is likely for one or more of a few major reasons, which are best sorted out by a veterans disability claim lawyer. First of all, your illness or injury must have resulted from your time in the military. You can still make a claim for benefits if your injury or illness did not manifest until after you were discharged or if your time in the service made an existing condition worse, but it must be connected to your time in the military.

Another reason why your illness or injury may be ineligible for benefits is because it is not considered disabling. A disabling injury can be permanent or temporary, but it impedes your ability to function physically or mentally. If your disability rating is less than 10% impairment, you would be ineligible for veterans disability benefits. A veterans benefit claim could also be rejected if your illness or injury is not recognized as a presumptive condition or a health issue associated with typical risks of military service. 

You Did Not Submit Sufficient Evidence of Your Injury or Needs

This is another common issue many veterans run into when filing a claim for disability benefits. In this case, your service-related injury or illness would otherwise meet the criteria for you to receive disability benefits, but the information you provided was incomplete, insufficient, or could not be verified. The government often requires specific documentation, like detailed medical records and tests, in order to certify that your illness or injury qualifies for disability benefits, and any incorrect or missing information could derail your claim.

It is also necessary to provide evidence of how your disability has negatively impacted your life, whether that be in terms of finances, ability to live independently, or other costs. For example, if you sustained a spinal cord injury during a training exercise, you may need to use a wheelchair for the rest of your life. You would need to file the appropriate documentation to demonstrate that you need to claim benefits to cover accommodations like a ramp leading up to your home.

Your Treatment is Not Covered For Your Diagnosed Disability

Unfortunately, certain prescriptions, procedures, and other treatments may not be covered under a veterans disability claim. Your service-related injury may be recognized as legitimate, but your provider may have recommended a form of care that is deemed cosmetic, too experimental, ineffective, or inappropriate given your diagnosis. 

Your veterans benefit claim can also be rejected if you do not have a specific diagnosis for your illness or injury but are seeking benefits for treatment or other services. Without a specific diagnosis, it is also much more difficult to figure out if your disability is related to your time in the military, which is a prerequisite for claiming benefits.

You Missed Exams Required to Validate Your Disability Rating

To determine the level of benefits you are entitled to, your disability is classified by its severity and permanence. It is common for the VA to ask you to submit to a Compensation and Pension examination, which is a medical evaluation to ascertain your disability rating. These exams are often referred to as C&Ps. 

The evaluator will use this time to determine if your illness or injury qualifies as a disability, how significant it is, and whether or not it is related to your service. It is crucial for you to attend this appointment, as it becomes the basis for your claim. Without knowing how serious your illness or injury is, or how it is connected to your military service, the VA cannot approve you to receive disability benefits.

Billing Errors Can Cause Your Veterans Disability Claim to Be Rejected

Not all rejected veterans disability claims are denied based on major oversights or issues with supporting evidence. In some cases, it is as straightforward as a missing or incorrect billing code. Given the level of detail and jargon involved in the disability claims process, paperwork errors are a common occurrence and a frequent reason for a claim to be denied. 

Although this is frustrating, it may be a fairly simple fix. However, if a provider uses an inaccurate billing code or forgets to check certain boxes, it can make your case look inconsistent, resulting in a rejection. It may take additional time to unearth the mistake, get the provider to fix the issue, and appeal or refile the veterans disability claim, so it is best to double-check your forms before submitting them.

Your Veterans Disability Claim Was Filed Too Late to be Considered Valid

To be able to receive certain disability benefits for yourself, you must be currently suffering from a service-related illness or injury that meets the criteria for a disabling injury. In most cases, this means it has caused functional, sensational, or cognitive impairment, interfered with your ability to work, or inflicted other harm. While there is no blanket deadline for filing a veterans benefit claim, you should not delay pursuing a claim because the process often takes months or even longer to resolve. 

Additionally, important evidence can be misplaced or disposed of, or witnesses can forget key details. If you wait to file until after your injury is completely healed, and there are no lasting deficits, you could lose your ability to claim benefits that could have made your recovery considerably easier physically and financially.

The Character of Your Discharge Makes You Ineligible to Claim Disability Benefits

Generally speaking, you have to receive a certain type of discharge in order to be able to receive benefits. If you are planning to file a veterans disability claim, you must have received an honorable discharge or a general discharge. Otherwise, your claim may be rejected outright, even if your injuries or illness were the result of your military service. 

It would likely be necessary to appeal the character of your discharge first in order to be able to make a claim for disability benefits, which is also a challenging process that may not yield favorable results. In any event, veterans who believe their benefits claim has been unfairly denied due to an inaccurate discharge designation should seek legal assistance.

Why You Should Choose Dolman Law Group to Handle Your Veterans Benefit Claim

Appealing a denied veterans disability claim is a notoriously lengthy process with its own terminology and procedures. Instead of trying to manage your veterans disability claim or an appeal on your own, bring in a respected personal injury attorney to handle your case. Our team of veterans disability lawyers at Dolman Law Group has been securing exceptional case results for our injured clients for many years.

At Dolman Law Group, we have extensive experience representing injured veterans, such as Camp Lejeune clients who developed cancer and other life-threatening conditions after exposure to contaminated water. Based on our specialized knowledge, outstanding results, and high rates of client satisfaction our team of dedicated personal injury attorneys is well-equipped to represent you in your veterans benefit claim.

Contact Dolman Law Group For Help With Your Veterans Disability Claim 

Even if your veterans disability claim was denied, that does not necessarily mean that your claim was unjustified. Our team of personal injury lawyers at Dolman Law Group will carefully review your medical records, VA policy, and the way that your illness or injuries have impacted your life to gather the evidence we need to effectively pursue the benefits you deserve.

We are dedicated to helping you access the disability benefits you deserve, whether that be for medical care, lost wages, housing renovations, caretaker support, or other costs. As your veteran disability lawyers, you can depend on our exceptional team at Dolman Law Group to be meticulous, honest, and hard-working.  

At Dolman Law Group, we are proud to support military veterans and their families. You can trust our team of skilled personal injury lawyers to work tirelessly to secure the disability benefits you are entitled to receive so you can focus on your health and family. To schedule a free consultation with a highly qualified veterans disability lawyer, reach out to our team at (866) 481-5347 or use our online contact form.

 

Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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