Your Veterans’ Assistance Lawyer in Winston-Salem
At Lewis & Keller Attorneys at Law, we understand the sacrifices you’ve made serving our country, and we are here to fight for the benefits you’ve earned. Navigating the VA disability system can be overwhelming, confusing, and frustrating, and we know it’s especially difficult when your claim has been denied or your disability rating is lower than it should be.
Our experienced veterans’ assistance lawyers in Winston-Salem are determined to provide fierce representation to help you secure the financial assistance and support you may deserve. Whether you’re appealing a denial, seeking a higher disability rating, or filing a new claim, our team is ready to stand by your side every step of the way. Using our combined 130+ years of experience, we can help you navigate the intricacies of VA law and the appeals process while tirelessly building a strong case on your behalf.
Let Lewis & Keller be your trusted advocate as you take the next steps toward achieving the justice and compensation you’ve potentially earned through your service.
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Table of Contents
- How Can a Winston-Salem VA Disability Lawyer From Lewis & Keller Help Me?
- Understanding the VA Appeals Process
- How to Appeal a VA Disability Denial
- Do I Qualify for Veterans’ Assistance?
- Veterans’ Assistance Claims FAQs
- Schedule a Free Case Evaluation with a Veterans Assistance Lawyer in Winston-Salem, NC
How Can a Winston-Salem VA Disability Lawyer From Lewis & Keller Help Me?
A veterans’ disability appeals lawyer from Lewis & Keller can make a big difference in your fight for VA benefits. Our team has over 130 years of experience helping victims of personal injuries in Winston-Salem, including VA disability claims. With our team’s knowledge, we can guide you through every step of the appeals process. We know how to navigate the complex VA system while building a strong case for you. With us by your side, you can focus on your health and well-being while we handle the legal battle. Don’t wait–contact us today and take the first step toward securing the benefits you may deserve.
What We Bring to the Table
- Experience with VA Law: Our veterans’ disability appeals attorneys know the VA’s rules and can navigate the complicated appeals process.
- Stronger Evidence: Using our resources, we can help gather medical opinions, service records, and other evidence to appeal your claim.
- Personalized Support: Unlike general advice from the VA, our lawyers can offer custom guidance and tailor a strategy specific to your case.
- Higher Success Rate: Our attorneys have helped veterans like you see better outcomes, including higher disability ratings and back pay.
- Stress Relief: Let us handle the legal details and communications so you can focus on your health and recovery.
At Lewis & Keller, we are dedicated to helping Winston-Salem veterans fight for the benefits you could deserve. With us championing your case, you can feel confident in your appeal and your future.
Understanding the VA Appeals Process
The VA appeals process can be overwhelming and confusing. When we take your case, a Winston-Salem veterans’ assistance lawyer can help break down the steps involved, explain your options, and develop a personalized strategy to appeal your VA disability denial. You don’t have to face this alone–we’re here to provide support and clear guidance every step of the way.
When the VA denies a veteran disability claim or believes your disability rating for your injuries is too low, you can still appeal their decision.
What Should I Do If My VA Disability Claim Was Denied?
The denial of a VA disability claim can be devastating, but it’s not the end of the road. You can file an appeal by yourself or with the support of a VA disability appeals attorney.
If your disability claim was denied by the VA, these are the next steps you should take:
- Understand Why: Carefully read the VA decision letter to know why your claim was denied. You may be able to appeal the decision based on the reason it was denied.
- Gather Evidence: Collect additional medical records, statements from doctors, or other evidence to address the VA’s concerns.
- Seek Legal Help: A VA disability lawyer can review your case and develop a plan to appeal the decision.
- Act Quickly: You have limited time to appeal, so don’t delay starting the process.
At Lewis & Keller, our attorneys can help you navigate the appeals process and fight for the benefits you potentially deserve. With our experience helping other veterans appeal a denied disability claim, we can help you handle these steps and improve your chance for a successful appeal. Contact us today for a free case evaluation–we’re here to support you.
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How To Appeal a VA Disability Denial
Appealing a denial of disability assistance involves several steps that must be completed within 1 year of the date that the denial letter was issued. These steps include:
- Reviewing the Denial Letter: Start by identifying the reasons for denial, such as lack of evidence or failure to prove the condition is service-connected.
- Choosing an Appeal Option: Decide whether to file a Supplemental Claim, request a Higher-Level Review, or go directly to the Board of Veterans’ Appeals.
- Providing Evidence: Strengthen your case with medical records, service documents, or expert opinions. You will need to submit these with the correct form for your appeal option.
- Submitting the Correct Forms: Each appeal option requires different forms, such as VA Form 20-0995 for a Supplemental Claim, VA Form 20-0996 for a Higher-Level Review, or VA Form 10182 for a Board Appeal.
How Can a Veterans’ Assistance Attorney Help with an Appeal?
With extensive knowledge of VA regulations and procedures, our veterans’ assistance attorneys at Lewis & Keller are here to provide help with VA disability claims and guide you through each step of the appeals process. We’ll work with you to help ensure that no detail is overlooked and that your appeal is as strong as possible. Here’s how we can assist with the VA disability claims appeal process:
- Case Review and Strategy: Our attorneys can carefully review your denial letter, service records, and medical documentation to identify weaknesses in your original claim and develop a strategy for your appeal.
- Evidence Gathering: Our attorneys can help gather additional evidence, such as medical opinions, buddy statements, and expert testimony, to strengthen your case.
- Filing Paperwork: We can help you ensure that the correct appeal forms are completed accurately and submitted on time, reducing the risk of delays or errors.
- Representation: If your case goes to the Board of Veterans’ Appeals, our attorneys can provide fierce representation at hearings while arguing on your behalf.
- Maximizing Compensation: Our lawyers can work to ensure all of your conditions are accounted for and appropriately rated, which can lead to higher disability ratings and increased compensation.
If you need help seeking support from the VA, we’re ready and determined to stand by your side. Let us be your champion in this fight for your rights. Contact us today for a free consultation.
Do I Qualify for Veterans’ Assistance?
To qualify for most VA benefits, you need to have served in the active military and have a discharge that is not dishonorable. The VA looks at how long you served, when you served, and if your condition is connected to your service. Conditions can qualify if they happened during your service, were made worse by it, or are considered “presumptive” conditions, like exposure to Agent Orange or PTSD from combat. National Guard and Reserve members may also qualify under certain conditions.
To prove eligibility, you need important documents like your DD Form 214 (to confirm your service and discharge), medical records (to show how your condition is linked to service), and service records (to back up your claim, such as proving exposure to harmful conditions).
Some benefits, like VA pensions, also depend on income limits, and other benefits might apply to a spouse or children. If you have a dishonorable discharge, you may need to work on upgrading it to qualify.
Our VA disability attorneys in Winston-Salem can help you evaluate if you qualify for Veterans Assistance. Together, we can thoroughly review your records, help connect your condition to your service, and prepare to submit an appeal. Take the next step and contact us for a free legal consultation.
Our Results Speak For themselves
$
7000000
Motorcycle accident resulting in paralysis.
$
3000000
Auto accident resulting in post traumatic stress disorder.
$
1393000
Workplace accident resulting in a traumatic brain injury.
Common Physical Conditions That May Qualify for Veterans’ Assistance
Musculoskeletal Conditions
- Back and spine injuries
- Joint pain and arthritis (e.g., knees, hips, shoulders)
- Amputations and loss of use of extremities
Hearing and Vision Issues
- Hearing loss and tinnitus
- Visual impairment and blindness
- Chronic migraines caused by head trauma
Cardiovascular and Respiratory Conditions
- Hypertension and heart disease
- Chronic obstructive pulmonary disease (COPD)
- Asthma and other respiratory illnesses linked to burn pits or chemical exposure
Neurological Disorders
- Traumatic brain injuries (TBI)
- Seizure disorders
- Peripheral neuropathy caused by Agent Orange exposure
Other Service-Connected Conditions
- Chronic illnesses from Gulf War Syndrome
- Cancers associated with toxic exposure (e.g., asbestos, radiation, Agent Orange)
- Scarring, burns, or disfigurement from service-related injuries
Common Mental Health Conditions That May Qualify for Veterans’ Assistance
Post-Traumatic Stress Disorder (PTSD)
- Combat-related PTSD
- Military Sexual Trauma (MST)
- PTSD from non-combat traumatic experiences during service
Depression and Anxiety Disorders
- Major depressive disorder linked to service
- Generalized anxiety disorder (GAD)
- Panic disorders and social anxiety
Traumatic Brain Injury-Related Mental Health Issues
- Cognitive impairment and memory loss
- Behavioral changes or mood disorders resulting from TBI
Other Mental Health Conditions
- Schizophrenia and psychotic disorders
- Bipolar disorder
- Adjustment disorders related to military service transition challenges
Veterans’ Assistance Claims FAQs
What Are the Different Review Options When Filing a VA Disability Appeal?
There are 3 main options for appealing a VA disability decision:
- Supplemental Claim: Where you provide new evidence to support your case.
- Higher-Level Review: Where a senior VA reviewer rechecks your claim without new evidence.
- Board Appeal: Where a judge from the Board of Veterans’ Appeals reviews your case. Each option has specific steps and forms, so choosing the right one depends on your situation.
There are several other options available, but they do not apply to most cases. A VA disability attorney can help you find which review option best fits your case.
Are There VA Disability Resources Available for Surviving Family Members?
Surviving family members of veterans may qualify for benefits like Dependency and Indemnity Compensation (DIC), which provides monthly payments to eligible spouses, children, or parents. Other resources include education benefits, healthcare through CHAMPVA, and VA burial allowances. These programs aim to support families after the loss of a veteran. Visit the Office of Survivors Assistance to learn more.
Why Are VA Claims Denied?
VA claims are often denied for a few reasons, such as:
- Missing or incomplete evidence
- A lack of connection between the condition and military service
- Errors in the application
In some cases, the VA may not agree with the severity of the condition or how it affects daily life. Ensuring the claim is thorough and well-documented can help avoid these issues.
Does The VA Try To Deny Claims?
The VA doesn’t intentionally deny claims, but the system is strict about evidence and regulations. Claims may be denied due to errors, incomplete applications, or a lack of proof connecting the condition to service. Working with an experienced attorney or advocate can help you navigate the process and reduce the chances of a denial.
What Percentage Of VA Disability Claims Are Denied?
Generally, about 30% of VA disability claims are denied on the first submission, but many of these denials can be successfully appealed.
How Long Does A VA Appeal Take?
The time it takes for a VA appeal depends on the type of appeal you file. A Supplemental Claim or Higher-Level Review usually takes 4 to 6 months, while a Board Appeal can take a year or more. More complex cases or those requiring additional evidence may take longer.
What Is The Board Of Veterans’ Appeals (BVA)?
The Board of Veterans’ Appeals (BVA) is part of the VA and handles appeals when veterans disagree with a VA decision about their benefits. A Veterans Law Judge reviews the case, and veterans can choose to submit more evidence, request a hearing, or rely on the existing record.
How Long Does It Take For A BVA Decision?
It typically takes 12 to 18 months for the BVA to make a decision on an appeal, but the timeline can vary depending on the case’s complexity and whether the veteran requested a hearing.
Can You Receive VA Disability Benefits For Life?
Yes, veterans can receive VA disability benefits for life if their condition is rated as permanent and total (P&T). These benefits are not reduced and provide lifelong financial support. Other conditions may also lead to lifelong benefits if they don’t improve over time. A VA disability lawyer from Lewis & Keller can help evaluate if your appeal might qualify for lifetime benefits.
Our Veterans Assistance attorneys in Winston-Salem
Schedule a Free Case Evaluation with a Veterans Assistance Lawyer in Winston-Salem, NC
Navigating the VA claims process can be overwhelming, especially when you’re already dealing with the challenges of a service-connected condition. Our dedicated team at Lewis & Keller understands the unique challenges you’re facing. We are committed to helping veterans secure the benefits they’ve earned.
Whether you’re filing a new claim, appealing a denial, or seeking an increase in your disability rating, our attorneys can provide legal guidance and zealous representation. Don’t wait—schedule a free case evaluation today and take the first step toward the support and financial assistance you deserve. Lewis & Keller Attorneys at Law are ready to fight for you!
