Appealing a VA disability claim can be gut-wrenching after a denial. Don’t lose hope. Just as every mission calls for the right gear and strategy, every VA claim calls for specialized knowledge and persistence.
Here at Hill & Ponton, our VA appeals lawyers in Nevada’s mission is to make sure veterans get the benefits they’re owed. Our team was founded by a veteran, so we understand the challenges former service members face when seeking benefits. We’ve successfully represented many veterans across Nevada and thousands more nationwide in their quests for fair compensation.
VA Appeals Lawyer Services in Nevada
Below is a snapshot of our VA disability appeal services for veterans in the Silver State:
- Claim denial appeals: If your initial VA disability claim was denied, we guide you through the process of challenging that decision.
- Increased rating appeals: We help file for an increased rating so you receive fair compensation.
- Service connection for secondary conditions: Many veterans develop new health issues linked to an existing service-connected disability. We highlight these secondary service connections to increase your overall rating.
- Nexus letter and medical evidence support: A well-crafted Nexus letter can make or break a VA claim.
- Representation throughout the appeal process: We stand by you at every stage, coordinating expert opinions and communicating with the VA.
Is It Worth Appealing a VA Disability Claim?
Yes, it’s worth appealing a VA disability claim. Our team of veteran appeals attorneys in Nevada has earned a 96% success rate in helping people like you get what they’re owed. Working with an accredited legal team means partnering with an ally who:
- Understands the VA system
- Stays up to date with procedural and regulatory changes
- Provides comprehensive evidence gathering
- Gives you personalized guidance
- Reduces stress
- Keeps you informed of your rights and deadlines
How Long Does a VA Appeal Take With an Attorney?
Different paths exist so you can dispute a denial or unfavorable rating:
- Supplemental claim: You provide new and relevant evidence to strengthen your case.
- Higher-level review: A senior claims adjudicator re-examines your file without new evidence.
- Board of Veterans’ Appeals (BVA): If you disagree with the higher-level review or want to bypass it, you can appeal to the Board. The BVA offers the opportunity for a hearing and a more in-depth legal review.
- Court of Appeals for Veterans Claims (CAVC): If the BVA decision remains unfavorable, you can escalate the case to the CAVC.
The length of time for a VA appeal can vary significantly. Without a veteran appeals lawyer in Nevada, the process can drag on for well over 2 years. This timeframe extends if the VA needs more evidence or you receive additional denials that require further appeals.
When working with an accredited VA appeals attorney in Nevada, the process can be more streamlined. Our familiarity with VA procedures helps cut down on errors and delays. While every case is different, hiring a lawyer can shorten the total wait time because we know how to:
- Collect and present complete medical evidence early in the process
- Monitor deadlines and respond promptly to VA requests
- Follow proper administrative procedures to avoid unnecessary delays
- Advocate effectively during hearings or supplemental reviews
Why Claims Get Rejected
A VA claim rejection can happen for many reasons, but a denial doesn’t mean you’re stuck with less than you deserve. One common issue is the absence of a nexus, which is the link between your military service and your disability. Without clear and convincing evidence of that connection, the VA is likely to deny your claim.
Let’s break down the top reasons for claim denial:
- Incomplete medical evidence: Claims lacking thorough documentation often receive automatic denials. Comprehensive medical records, including service treatment records, are essential.
- Insufficient nexus documentation: If your evidence does not directly connect your condition to your service, the VA may deny your claim. A well-prepared Nexus letter can correct this gap.
- Missing or late paperwork: VA deadlines can be strict. Failing to submit forms on time or provide requested documentation can lead to rejection.
- Incorrect disability rating: Even if a service connection is granted, the VA might assign a rating that doesn’t reflect the full severity of your condition, effectively reducing your compensation.
- Lack of expert representation: Going through the process alone can mean missing vital details. Veterans without a VA claim appeal lawyer in Nevada often see higher denial rates than those with accredited legal help.
- Failure to attend required VA exams: Veterans may be scheduled for compensation and pension (C&P) exams. Missing or rescheduling too late can result in a denial for insufficient evidence.
Successful Appeals for Our Nevada Veterans
Securing a successful appeal typically depends on:
- Evidence of service connection: The VA requires a nexus, which is proof that your current disability is linked to an event or exposure during your military service.
- Evidence of a current disability: You must show that your condition is both chronic and significantly impairing.
- A properly filed claim: Even if you have strong medical evidence, the VA can deny your claim if you haven’t followed the correct procedures.
- Consistent statements and medical history: Contradictory statements or incomplete medical records can derail an otherwise strong case.
- Clear medical opinions from specialists: A well-documented medical opinion can add significant weight to your claim, especially for complex conditions or toxic exposure cases.
Many veterans in Nevada served in different regions of the world and were exposed to various hazards. Toxic exposure can cause serious conditions that emerge years later. If you suspect your disability is related to harmful substances encountered during service, filing a thorough claim with medical backing is pivotal.
Disability Ratings and Compensation
A disability rating is the VA’s measure of how much your service-connected condition affects your ability to work and live daily. Ratings range from 0% to 100% in 10% increments. The higher your rating, the more money you’re entitled to.
Each rating level corresponds to a set monthly amount. Use our VA Disability Calculator to estimate your possible monthly benefits. If you’re married with no dependents, expect to get:
- 10%: $175.51
- 20%: $346.95
- 30%: $537.42
- 40%: $774.16
- 50%: $1,102.04
- 60%: $1,395.93
- 70%: $1,759.19
- 80%: $2,044.89
- 90%: $2,297.96
- 100%: $3,831.30
Benefits for Nevada Veterans
These programs can complement your VA compensation or help you while your appeal is in progress:
- Property tax exemptions: Nevada provides partial property tax exemptions for disabled veterans, which often increase with a higher disability rating.
- Educational benefits: Qualified veterans and their dependents may be eligible for reduced tuition at state colleges and universities.
- Income tax exemptions: Disabled veterans in Nevada benefit from state income tax exemption.
- Motor vehicle exemptions: Nevada offers special veteran license plates and certain registration fee exemptions.
- Employment services: State job placement programs give preference to veterans, particularly those with service-connected disabilities.
- Free or discounted state park access: Veterans with certain disability ratings can enjoy waived or reduced fees at Nevada’s state parks.
If you need guidance on maximizing your state and federal benefits, reach out to the best VA appeal lawyers in Nevada today.
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Resources for Nevada Veterans
Nevada’s VA Services
Whether you’re in Las Vegas or a rural community, you can find additional support from local VA offices and military bases.
Nevada veterans can gain access to federal and state VA resources, including:
- Benefits counseling: This includes guidance on applying for VA benefits, understanding eligibility and completing necessary forms
- Healthcare services: VA medical centers and community-based outpatient clinics provide specialized care for veterans, including mental health services and routine checkups.
- Benefit administration vs. healthcare: It’s important to note that the Veterans Health Administration handles healthcare, while the Veterans Benefits Administration handles disability benefits and pensions.
Nevada’s Military Bases Include:
Veterans Organizations
Local nonprofits that provide services to fill gaps not covered by the VA include:
- Nevada Veterans Foundation: Focuses on financial assistance and transitional housing and helps veterans move toward long-term stability
- Veterans Care Charity of Nevada: Provides mental health support and emergency relief and assists with counseling services and utility payments
- Willow Springs Center: Connects veterans to military families support services
Nevada Area Veterans Associations and Clubs
Social clubs and private associations deliver community support and camaraderie:
- Veterans of Foreign Wars posts: Host events and volunteer opportunities
- American Legion posts: Offer networking, scholarship programs and youth outreach
- Disabled American Veterans: Specialize in providing local advocacy
- Military Order of the Purple Heart: Provides a unique support for combat-wounded veterans
Who Can Help Me With My VA Appeal in Nevada?
Beyond state and federal agencies, private organizations and dedicated nonprofits play a significant role in supporting veterans. However, for disability claims and appeals, you may need an extra helping hand. Working with an accomplished and focused VA appeals lawyer in Nevada is often the best way to maximize your benefits.