Service-Connected Disability Lawyer

Military veterans may be eligible for service-connected disability benefits, compensation for disabilities incurred during service or related to a service-caused injury. These monthly payments can help you support yourself and your family if your disability renders you unable to engage in gainful employment or if you can only obtain marginal employment. These payments are based on your disability rating, which is determined by the Department of Veterans Affairs (VA).

Although you do not have to be completely disabled to receive benefits, the percentage of disability that the VA determines you have (your disability rating) impacts the benefits available to you and the amount of money you get each month. A too-low rating means you struggle. There is hope for veterans who have had a VA claim denied or whose rating does not reflect their ability to work. Our Fort Worth, TX, service-connected disability lawyer can review your claim denial letter and help you appeal it. Contact Glover Luck LLP today to learn more.

Your Rights As A Veteran With A Service-Connected Disability

You have the right to file a claim for disability benefits no matter how long It’s been since you suffered the injury. In some cases, the veteran may have contracted a debilitating illness related to their service but may not have been diagnosed until the symptoms manifested later. Other veterans may have a progressive disability, and their ability to work or care for themselves steadily declines.

An attorney can help you draft your initial claim and gather the right evidence to support it, such as medical records or testimony from a vocational expert attesting to your inability to secure gainful employment.

If your claim is denied, you have the right to appeal the denial before the Board of Veterans Affairs or request that a senior employee of the VA review the claim. You may also be able to file a supplemental claim, bringing forth new, relevant evidence to bolster your initial claim. We’ll help you determine which step is right for your claim.

How Can A Fort Worth Service-Connected Disability Lawyer Help Me?

Our VA disability attorneys often work with veterans who are not receiving fair compensation for a service-connected illness or disability. Or, perhaps the VA recognizes that you have a service-connected disability but offers a low rating. The monthly benefits available to disabled veterans range from $100 to $3,000; a too-low rating may make it difficult or impossible to cover your needs, especially if you cannot work.

Your lawyer may compare the VA’s certification and pension exams with your medical evidence and any evidence from a vocational expert. This can help us have a better chance of successfully appealing your rating or a denied claim and getting you proper benefits.

You have the right to hire a lawyer immediately after you file a Notice of Disagreement after receiving your rating decision (RD) with the VA. It’s important to act fast, as you only have a year to appeal an RD or claim denial. We can work with you from the start, helping you avoid common mistakes people make on appeals and advising you on how to obtain additional evidence for your appeal.

Don’t delay filing an appeal. Assert your rights with the help of an experienced Fort Worth service-connected disability lawyer. Call Glover Luck LLP today for a personalized consultation.

Medical Evidence For Service-Connected Disability Claims

Our Fort Worth, TX service-connected disability lawyer knows that navigating the process of gathering medical evidence for a service-connected disability claim can be complex and overwhelming. Ensuring that you have the right documentation is crucial for a successful claim. A Glover Luck LLP, we can guide you on the importance of medical evidence, the types of documents you need, and how to effectively gather and present this information.

The Importance Of Medical Evidence

Medical evidence is the backbone of any service-connected disability claim. It provides the necessary proof to establish a direct connection between your military service and the disability you are experiencing. Without sufficient medical evidence, the likelihood of your claim being approved diminishes significantly. This evidence must demonstrate the existence of a current disability, the occurrence of an event or injury during your service, and a medical nexus linking the two.

Types Of Medical Evidence Required

Our service-connected disability lawyer in Fort Worth knows that there are several types of medical evidence that can strengthen your claim. Medical records from both military and civilian healthcare providers are essential. These records should detail any diagnoses, treatments, and progress notes related to your disability. Additionally, lay statements from fellow service members, family, and friends can provide valuable insights into how your condition has affected your daily life. Expert medical opinions, often provided by specialists, are also crucial. These opinions can offer a professional perspective on the connection between your service and your disability.

Gathering Medical Records

Obtaining comprehensive medical records is the first step in building a strong case. Start by requesting your complete medical file from the Department of Veterans Affairs (VA) and any civilian healthcare providers you have visited. Be thorough in your request, ensuring that you ask for all documents, including diagnostic tests, imaging results, and treatment plans. If you have difficulties obtaining these records, consider reaching out to a professional who can assist you in navigating the process.

Expert Opinions

Expert medical opinions play a significant role in establishing the connection between your military service and your disability. These opinions are typically provided by specialists who have reviewed your medical records and conducted a thorough examination. They can offer an objective analysis of how your service-related activities or incidents contributed to your condition. Securing an expert opinion may involve coordinating with your healthcare provider or seeking an independent medical examination.

Presenting Your Evidence

Once you have gathered all necessary medical evidence, organizing and presenting it effectively is crucial. Your evidence should be clear, concise, and well-documented. Ensure that all medical records are up-to-date and that any expert opinions are detailed and well-supported. Presenting your evidence in a logical and coherent manner can significantly enhance the strength of your claim.

How We Can Assist

At Glover Luck LLP, we understand the complexities involved in gathering medical evidence for service-connected disability claims. Our experienced team is dedicated to helping you navigate this challenging process. We provide personalized support to ensure that your claim is as strong as possible. Whether you need assistance obtaining medical records, coordinating expert opinions, or presenting your evidence, we are here to help. Reach out to us today to learn how we can support you in securing the benefits you deserve. Let’s work together to build a compelling case that highlights the impact of your service on your health and well-being. Speak with our Fort Worth service-connected disability lawyer today.

Dealing With Claim Denial

If your service-connected disability claim has been denied, the first step is to carefully review the decision letter from the Department of Veterans Affairs (VA). This letter will outline the reasons for the denial and provide important details about the evidence that was considered—or perhaps overlooked—during the evaluation of your claim. Understanding the specific reasons for denial will help you and your lawyer identify the best approach to take when challenging the decision.

1. Gather Additional Evidence

One of the most common reasons for the denial of a service-connected disability claim is a lack of sufficient evidence. If this is the case, it’s important to gather additional medical records, service documents, and other relevant information that can support your claim. New evidence might include updated medical opinions, statements from fellow service members, or additional documentation that directly links your disability to your military service. A Fort Worth, TX Service-Connected Disability lawyer can assist in determining which types of evidence will be most effective in strengthening your case.

2. File A Notice Of Disagreement

If you believe the VA’s decision was incorrect, you can file a Notice of Disagreement (NOD). This formal document is your way of informing the VA that you disagree with their decision and wish to appeal. The NOD must be filed within one year of the date on the decision letter. When submitting the NOD, it’s crucial to be specific about the parts of the decision you disagree with and why. Working with a Fort Worth Service-Connected Disability lawyer can ensure that your NOD is well-prepared and that all necessary information is included to support your appeal.

3. Request A Higher-Level Review

Another option available to you is to request a Higher-Level Review (HLR). This is an appeal option where a senior VA reviewer will reexamine your claim without considering any new evidence. The reviewer will look for any mistakes that may have been made in the initial decision. This process is often faster than other appeal options and is suitable if you believe there was a clear error in how your claim was handled. Consulting with a lawyer can help you decide if a Higher-Level Review is the best strategy for your situation.

4. Appeal To The Board Of Veterans’ Appeals

If the Higher-Level Review does not result in a favorable decision, you can appeal to the Board of Veterans’ Appeals (BVA). This involves a more formal process where you can present your case before a Veterans Law Judge. You may also have the opportunity to submit new evidence and request a hearing. The BVA process can be lengthy, but it offers a comprehensive review of your claim. Having a Fort Worth, TX Service-Connected Disability lawyer represent you during this stage can significantly improve your chances of success, as they can effectively present your case and handle any legal complexities.

5. Seek Legal Assistance Early On

Facing a denial of your service-connected disability claim can be overwhelming, but it’s important to remember that you have legal options available. The process of appealing a VA decision can be complicated, and having a knowledgeable lawyer on your side can make a significant difference in the outcome. Glover Luck LLP is dedicated to helping veterans in Fort Worth, TX, navigate the appeals process and fight for the benefits they deserve. If your service-connected disability claim has been denied, don’t hesitate to contact us today for a consultation. We are here to provide the support and guidance you need to pursue a successful appeal.

Steps To Appeal A Denied VA Disability Claim In Fort Worth, TX

When a veteran’s VA disability claim is denied, it can be frustrating and disheartening. However, a denial doesn’t mean that it’s the end of the road. If your claim has been denied, you have the right to appeal the decision. It’s important to understand the process and the steps you need to take to ensure that your appeal is handled properly. Here are the key steps to appeal a denied VA disability claim in Fort Worth, TX.

Requesting A Decision Review

The first step after receiving a denial letter from the VA is to determine which type of review process you want to pursue. Veterans have three options: a Higher-Level Review, a Supplemental Claim, or an appeal to the Board of Veterans’ Appeals. If you believe that there was an error in your original decision, a Higher-Level Review may be the best option. In this case, a more experienced VA employee will review your claim without new evidence. If you have new and relevant evidence that was not previously submitted, filing a Supplemental Claim may be the appropriate path. Lastly, appealing to the Board of Veterans’ Appeals involves submitting your case to a Veterans Law Judge for review.

It’s important to decide which option best fits your situation and to submit the necessary forms to begin the process. A Fort Worth service-connected disability lawyer can help you assess your options and choose the most effective course of action.

Gathering New Evidence

If you decide to pursue a Supplemental Claim or an appeal to the Board, gathering new and relevant evidence is a crucial step. The VA may have denied your original claim due to insufficient evidence, so providing additional medical records, expert opinions, or service records can help strengthen your case. Make sure that any new evidence you submit directly supports the connection between your service and your disability. This can include new medical evaluations or testimony from healthcare professionals familiar with your condition.

Submitting A Notice Of Disagreement

If you choose to appeal to the Board of Veterans’ Appeals, you will need to submit a Notice of Disagreement (NOD). The NOD is an official statement where you explain why you disagree with the VA’s decision. This is a critical step in the appeals process, as it sets the foundation for your case. You will need to be clear and specific about the reasons you believe the denial was incorrect and what errors may have been made in the original decision.

It’s a good idea to consult a Fort Worth service-connected disability lawyer before submitting your NOD to make sure your appeal is as strong as possible.

Choosing A Hearing Option

When you appeal to the Board of Veterans’ Appeals, you have the option of requesting a hearing before a Veterans Law Judge. There are different types of hearings available, including in-person hearings, virtual hearings, or hearings based solely on the written evidence you submit. Each option has its advantages, and choosing the right one depends on your specific situation and preferences.

A hearing can give you the opportunity to present your case in front of a judge, but it is not required in every case. If you’re unsure whether a hearing is the right choice, consulting with a Fort Worth service-connected disability lawyer can help clarify what’s best for your situation.

Awaiting The Decision

Once you’ve submitted your appeal and provided all the necessary evidence, the VA will review your case and make a decision. The length of time it takes to receive a decision can vary depending on the type of appeal you’ve filed and the VA’s current backlog of cases. During this time, it’s important to stay in touch with your legal representative and follow up with the VA if necessary.

If the Board rules in your favor, you will receive a new decision that reflects the updated evaluation of your claim. If the appeal is unsuccessful, you still have options to further appeal the decision, such as filing with the U.S. Court of Appeals for Veterans Claims.

Contact Glover Luck LLP Today

If you’ve received a denial on your VA disability claim and need assistance with the appeals process, we are here to help. Our experienced team at Glover Luck LLP can guide you through each step and ensure that your appeal is handled effectively. Contact us today to schedule a consultation with a Fort Worth service-connected disability lawyer and get the support you need to pursue your benefits.