For the U.S. Department of Veterans Affairs (VA) to approve a claim for service-connected disability benefits, you must prove that the injury or medical condition is related to your military service. This can be deceptively difficult, as claimants must provide medical records or other evidence showing that their disability stems from active service.
If the VA denied your service-connected disability claim, you’re not out of options yet, but you must act fast. You only have one year from the date of the claim denial to file an appeal. But, you also have the right to have our Fort Worth, TX, service connection lawyer represent you in the claims appeal process. Your attorney from Glover Luck LLP can analyze your injury and review your medical records, then help you prepare your claim and present it before the Board of Veterans Affairs. Contact us today to get started – don’t wait!
What Does A Fort Worth Service Connection Lawyer Do?
There are several ways that an attorney can establish a service connection to your injury or disability:
- Direct Service Connection: We use medical records and other evidence to show a straightforward causal connection for your injury. For example, if you suffered a blow to the head and now have a brain injury or chronic headaches, then we can show a direct service connection. We may also interview witnesses to the injury-causing incident as part of our evidence.
- Injuries from VA Health Care: If you suffered injury or were a victim of medical malpractice at a VA healthcare facility, you may be eligible for service-connected benefits.
- Preexisting Injury Aggravated by Military Service: If you had a pre-existing medical condition that was aggravated due to activities you undertook in active service, you may be eligible for benefits. If your health condition was part of your initial medical exam (the one you underwent when you enlisted), and you can produce evidence that an event during service worsened the condition, you could be eligible for benefits.
- Presumed Service Connection: The VA presumes that there is a service connection if the veteran develops a disability or medical condition within a certain period after their military service. It has a list of presumed service-connected conditions, so if your condition is on the list, we may be able to get your claim approved.
- Secondary Service Connection: You may have developed a secondary disability related to your service. If so, your lawyer must draw the connection between your initial service-connected disability and the development of the secondary disability.
Each of these situations requires the claimant to provide evidence supporting their claim for service-connected benefits. An attorney can streamline the process and help you assert your rights.
Do You Need Help With Service-Connected Benefits?
If you’ve been denied veterans’ benefits for a service-related disability, you have the right to hire an attorney and appeal the VA’s decision. We want to help you. A Fort Worth service connection lawyer can review your medical records and claim and advise you of the next steps for appealing the VA’s decision. Contact Glover Luck LLP today for a consultation.
Service-Connected Disability Benefits And Pre-Existing Conditions
Our Fort Worth, TX service connection lawyer knows that navigating the complexities of service-connected disability benefits can be particularly challenging when you suffer from a pre-existing condition. Understanding how these conditions are evaluated by the Department of Veterans Affairs (VA) and the impact they can have on your disability claim is crucial for veterans seeking the compensation they deserve.
Defining Pre-Existing Conditions
A pre-existing condition is any health issue that was present before a veteran’s entry into military service. These conditions can range from chronic illnesses and injuries to mental health disorders. The VA requires a thorough examination of the veteran’s medical history to determine the nature and extent of the pre-existing condition and its relationship to their military service.
Aggravation Of Pre-Existing Conditions
One key aspect of service-connected disability benefits is the concept of aggravation. Our service connection lawyer in Fort Worth knows that the VA recognizes that military service can exacerbate pre-existing conditions, leading to increased severity and additional health complications. To qualify for benefits, veterans must demonstrate that their military service significantly aggravated their pre-existing condition beyond its natural progression. This requires substantial medical evidence showing a measurable worsening of the condition due to service-related activities or incidents.
The Role Of Medical Evidence
Gathering comprehensive medical evidence is critical in establishing a service connection for a pre-existing condition. Veterans should provide detailed records of their medical history before, during, and after their military service. This includes documentation of any treatments, diagnoses, and evaluations related to the pre-existing condition. Expert medical opinions can also play a pivotal role in substantiating the claim, offering professional insights into how the veteran’s service aggravated the condition.
Compensation For Aggravated Conditions
When a pre-existing condition is determined to have been aggravated by military service, veterans are eligible for service-connected disability benefits. The VA will evaluate the degree of aggravation and assign a disability rating based on the severity of the condition. This rating determines the level of compensation the veteran will receive. The higher the disability rating, the greater the compensation, which can provide essential financial support for managing the aggravated condition and related healthcare needs.
Overcoming Challenges In The Claims Process
Filing a claim for a service-connected disability involving a pre-existing condition can present unique challenges. Veterans may encounter difficulties in proving the aggravation of their condition due to service. The VA’s stringent requirements for medical evidence and documentation can be overwhelming. Additionally, the burden of proof rests on the veteran to show that their military service directly contributed to the worsening of their condition.
Finding A Lawyer You Can Trust
At Glover Luck LLP, we understand the complexities and challenges associated with service-connected disability claims involving pre-existing conditions. Our experienced team is dedicated to helping veterans gather the necessary medical evidence, navigate the VA system, and present a compelling case to secure the benefits they deserve. We are committed to providing personalized support throughout the entire claims process. When you are ready to move forward, reach out to our Fort Worth service connection lawyer for help.
How A Lawyer Can Strengthen Your Case
Collecting And Organizing Strong Evidence
One of the most important ways a lawyer can help strengthen your service connection claim is by assisting in the collection and organization of strong evidence. Evidence is the foundation of any successful claim, and it’s essential that all relevant documents, medical records, and service history are gathered and presented in a clear and compelling manner. A lawyer will work with you to ensure that nothing is overlooked, whether it’s securing detailed medical opinions, gathering witness statements from fellow service members, or obtaining documentation that directly links your condition to your military service. This thorough approach can significantly increase the likelihood of your claim being approved.
Developing A Clear And Persuasive Argument
In addition to gathering evidence, a lawyer can help you develop a clear and persuasive argument that ties your service-connected disability directly to your military service. This includes articulating how the evidence supports your claim and addressing any potential weaknesses that could be exploited by the VA. A Fort Worth Service connection lawyer can craft a compelling narrative that highlights the severity of your condition and the impact it has on your ability to function, both personally and professionally. This narrative is crucial in convincing the VA to grant your claim.
Navigating The Legal Process
Another critical way a lawyer can assist with your service connection claim is by guiding you through the often complex and bureaucratic VA claims process. From ensuring that all paperwork is correctly filled out and submitted on time, to keeping track of deadlines and VA communications, a Fort Worth Service connection lawyer can help you avoid the common pitfalls that can delay or derail your claim. This level of support can be invaluable in keeping your case on track and ensuring that it receives the attention it deserves.
Appealing A Denied Claim
If your service connection claim has been denied, a lawyer can be instrumental in filing an appeal. They will review the VA’s decision, identify any errors or omissions, and gather additional evidence if needed to strengthen your case. The appeals process can be daunting, but with a Fort Worth Service connection lawyer by your side, you’ll have a much better chance of success. They can represent you in hearings, draft legal arguments, and work to overturn the denial of your claim.
Ensuring Accurate Disability Ratings
Even if your service connection is granted, the VA’s disability rating might not accurately reflect the severity of your condition. A lawyer can help you challenge an inaccurate rating by gathering additional evidence and advocating for a higher percentage that more accurately represents your disability. This is crucial because the disability rating directly affects the amount of compensation you receive. Ensuring that you get the proper rating is essential for securing the benefits you need to manage your condition.
Moving Forward With Confidence
Securing a favorable outcome for your service connection claim can make a significant difference in your quality of life. If you’re facing challenges with your claim, don’t hesitate to seek legal assistance. At Glover Luck LLP, we are committed to helping veterans in Fort Worth, TX, get the benefits they deserve. Contact us today to speak with a Service connection lawyer who can guide you through the process and strengthen your claim.
If you need assistance appealing your service-connected disability claim, please contact our veterans law office for a free consultation at 866-849-3287 or 214-741-2005. We are based in Dallas, Texas, and represent veterans all over the United States.