VA Benefits | There are many types of VA pension benefits, but they generally fall into three groups: retirement, service-connected disability, and non-service-connected disability. Here at Mortellaro Law, we deal primarily with non-service-connected disability claims, the main one being the high-paying benefit known as Aid and Attendance.
Some families come to us after filing a pension benefits claim on their own. After a long waiting period, they receive a denial letter, filled with confusing terminology and requests for more information. This is a frustrating time, and it usually comes when finances are strained, creating stress in the family. It’s tempting to give up.
Your Case Is Not Dead
But if you remain committed, and have a large amount of patience, it is possible to eventually receive a benefit even after a denial. VA guidelines permit you to reopen a case and submit evidence for a full year after the date of the denial letter. You can request a higher-level review of your claim as well. Sorting through the denial letter, the VA will list the evidence that was submitted, when it was submitted and what went into the decision. This should include the reasons for denial. Sometimes this is easy to determine, such as failure to show evidence of military service dates. Other times it may be an arguable point, such as an accounting of assets or income or medical expenses.
Restarting the Process
Rather than giving up or hoping to stumble into a good outcome, it’s better to work with an experienced elder law attorney. A VA-accredited attorney has the knowledge of the system and familiarity with the forms to get you back on track. Some denials can be fixed quite easily by providing the correct evidence in the right way through the correct forms. Other denials may require some financial fixes that turn an ineligible claim into eligibility status.
Start for Free
At Mortellaro Law, all of our initial consultations are free. Schedule a one-hour meeting with Michelangelo Mortellaro, who can evaluate your situation and offer up solutions to turn the denial into the much-needed financial assistance the veteran or surviving spouse deserves.
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