VA Disability Lawyer in Greensboro
Veterans in Greensboro and throughout North Carolina have made tremendous sacrifices in service of our country. Unfortunately, many have suffered lasting injuries, illnesses, and other restrictive conditions in the process. The U.S. Department of Veterans Affairs (VA) provides disability benefits to help veterans cope with these impairments, but the process of securing those benefits is often complicated and frustrating.
The Greensboro veterans disability attorneys at Hardison & Cochran | Injury & Workers Comp Lawyers are dedicated to helping our country’s veterans receive their rightful benefits. Our law firm helps veterans appeal denied VA disability claims and seek a higher disability rating when their condition has worsened or was underrated. We also help with VA Pension Benefit claims that have been denied.
Our VA disability team has extensive experience with the VA system and can help challenge unfair denials, incorrect ratings, and other mistakes that prevent disabled veterans from getting the maximum benefits they may be entitled to receive. Contact us today to learn more in a free consultation.
How VA Disability Claims Work in North Carolina
VA disability benefits are designed to provide monthly, tax-free compensation to veterans with service-connected disabilities. A “service connection” means your injury, illness, or condition was caused or aggravated by your military service.
The process of seeking your veterans disability benefits generally follows these steps:
Gathering Documentation
Veterans must submit evidence showing their condition and connecting it to their service. This evidence can include:
- Service treatment records
- Military personnel files
- Private medical records
- VA medical records
- Buddy letters
- Expert opinions
Filing a Claim
Once you’ve gathered your evidence, you can fill out a VA Form 21-526EZ either online through the VA’s website, by mail, or in person at a VA regional office. If you file online, processing is generally quicker, and you can track your claim’s status at any time.
VA Review
After you’ve submitted your claim, the VA will then review it. They may request additional information during this process or schedule a Compensation and Pension (C&P) exam to assess your condition. The C&P exam is a medical evaluation conducted by the VA or a contracted third-party examiner to assess your service-connected disability and assign a rating to it.
Decision Letter
The VA issues a written decision explaining whether your claim was approved or denied. If approved, the VA’s decision letter will assign a disability rating and an effective date for your VA benefits. If denied, you will have the option to appeal, but you’ll likely want an experienced VA disability lawyer to lead you through the appeals process.
Why VA Disability Claims Get Denied – And What You Can Do About It
Unfortunately, VA disability claims are frequently denied, even for veterans with legitimate service-connected conditions. Some common reasons for denials include:
- Lack of evidence – The VA may determine that the medical evidence you provided doesn’t adequately prove a connection between your service and the condition and subsequently deny your claim.
- Missed deadlines or incomplete forms – There are certain deadlines you must meet to receive your veterans disability benefits. If you miss a deadline or your paperwork contains any errors, your claim may be denied.
- Negative C&P exam report – If the C&P examiner determines that it’s “less likely than not” that your condition was caused or aggravated by service, the VA may not provide disability benefits.
- No current diagnosis – You may have suffered from your condition during service, but the VA requires proof that you currently suffer from this condition through a formal diagnosis and recent medical documentation.
- Service connection disputes – You may offer ample proof that you have a disability, but you must also link that disability to your service. If you can’t draw a clear connection with medical evidence, your claim may be denied.
- VA errors – Sometimes, the VA may make a mistake when evaluating medical records or applying regulations and deny a valid veterans disability claim.
How to Appeal a Denied VA Claim in Greensboro
If you receive a denial letter, it’s not the end of the road. You have the right to challenge the decision through one of the following three appeal paths:
Higher-Level Review
You can request that a more senior VA adjudicator review your claim without introducing new evidence. This often occurs when the veteran seeking benefits believes their denial was based on a clear error the VA made when evaluating their evidence.
Supplemental Chain
If you have new and relevant evidence connecting your disability to your service, you can submit it to strengthen your case. This can include updated medical records, buddy statements, or expert opinions. An experienced Greensboro veterans disability lawyer can help you gather and submit this evidence.
Board of Veterans’ Appeals (BVA)
You can appeal directly to the BVA and have a Veterans Law Judge review your case. You may also request a hearing in person or over video conference. Your veterans benefits lawyer can help prepare you by building a compelling VA disability case and prepping you on what to expect.
Understanding Your VA Disability Rating and Its Impact on Benefits
When the VA approves your claim, they assign a disability rating that reflects the severity of your condition and determines the amount of your monthly benefits. Here’s a breakdown:
- 0 percent rating – This rating acknowledges that your condition is service-connected and may qualify for certain related VA programs, but it does not qualify for disability benefits.
- 10-90 percent ratings – The VA pays benefits in increments based on your percentage. The higher the rating, the higher the monthly payment.
- 100 percent rating – This rating indicates total disability, resulting in the maximum monthly disability benefits
- Combined ratings – If you have multiple service-connected conditions, the VA uses a “combined ratings table” to determine your disability rating.
However, the VA doesn’t always get things right. They may assign a disability rating that doesn’t accurately represent the severity of your condition. Or your condition may have worsened since the rating was assigned. A Greensboro VA disability attorney can help you seek a higher rating that better reflects the impact your service-related condition has on your life.
How Hardison & Cochran | Injury & Workers Comp Lawyers Advocates for Disabled Veterans in Greensboro
The skilled Greensboro veterans benefits attorneys at Hardison & Cochran | Injury & Workers Comp Lawyers have extensive experience with the VA claims process. We’re deeply committed to helping North Carolina veterans appeal denied claims and incorrect ratings for disability benefits. Here’s how we can help:
- Reviewing your denial letter or disability rating and identifying errors
- Choosing the best appeals option and managing the appeals process
- Gathering supporting medical and service records
- Consulting experts and securing additional evidence
- Building a strong legal case for your appeal
- Handling all VA paperwork and deadlines
The legal team at Hardison & Cochran | Injury & Workers Comp Lawyers has proudly protected the rights of disabled veterans for over 40 years. In that time, we’ve recovered millions in verdicts and settlements and received glowing feedback from a long list of satisfied clients (although each case is different and past results cannot guarantee future outcomes).
Our veterans benefits lawyers understand the unique needs of Greensboro veterans and have experience working with the Winston-Salem VA Regional Office. We’re ready to fight for the benefits you’ve earned. Contact us today for your free case evaluation.
