Attention Alaska Veterans!
If you’re an Alaska veteran dealing with a VA disability claim denial or a low rating, you’re not alone. The process can feel like a maze.
But here’s the good news: ProVet Legal is here to be your guide, your advocate, and your secret weapon in winning the benefits you deserve.
Top Reasons for VA Claim Denials in Alaska
The VA denies claims for countless reasons, but some of the most common include:
- Insufficient medical evidence
- Missing or incomplete documentation
- Failure to connect your condition to your service
- Missed deadlines in the VA’s timeline
Sound familiar? You’re not alone. Many veterans face these hurdles, but with the right strategy, they can be overcome.
The VA Disability Appeals and Denials Process
The VA has overhauled its appeals system with the Appeals Modernization Act (AMA), but that doesn’t mean it’s any less of a maze. You now have three options if the VA denies your claim or lowballs your disability condition rating:
The Decision Review Process Under the AMA
Option 1: Supplemental Claim
If you have new and relevant evidence that wasn’t included in your original claim, filing a supplemental claim is your best bet. This option allows you to submit additional documentation to support your case. The VA has to assist you in gathering evidence for this type of claim, but having an attorney on your side can help you submit the most compelling evidence possible.
Option 2: Higher-Level Review
Think the VA made a mistake in evaluating your claim? The higher-level review option allows a senior VA reviewer to take a fresh look at your case. You can’t submit new evidence with this option, but you can request an informal conference with the reviewer to point out errors or oversights in the original decision. Our attorneys can help prepare you for this conference and ensure you make the strongest case possible.
Option 3: Board Appeal
For veterans who want to take their case straight to the Board of Veterans’ Appeals, this option provides three different dockets:
- Direct Review: The board examines your case based on existing evidence, with no new submissions or hearings.
- Evidence Submission: You have 90 days to submit new evidence for the board to consider.
- Hearing: You can request a hearing before a Veterans Law Judge, either virtually or in person.
Each option has its own strategy and timeline. Choosing the right path can mean the difference between victory and another frustrating denial. That’s where we come in.
Choosing Another Option
If you’re not happy with the results of one option, you’re not out of luck. You can still pursue others. For instance, after a Higher-Level Review, you can still submit a Supplemental Claim or appeal to the Board. We’ll help you understand these options to keep your claim moving forward.
Timeline and Wait Times
Each appeal option has its own timeline:
- Supplemental Claims and Higher-Level Reviews aim for decisions within 4-5 months.
- Board Appeals can take longer, often a year or more, depending on the docket chosen.
Timely action is crucial in the appeals process. Missed deadlines can derail your claim, which is why having a VA disability lawyer can make all the difference.
The VA Disability Rating System
Disabilities are rated from 10% to 100% based on their severity and impact on your ability to work and perform daily activities. But do you know what these numbers really mean for you?
Here’s a quick rundown:
- 10% – 20%: You’re on the radar, but benefits are limited.
- 30% – 60%: Now we’re talking. Significant monthly compensation and additional benefits kick in.
- 70% – 90%: Serious disabilities with substantial support.
- 100%: Maximum schedular rating with the most comprehensive benefits package.
These percentages translate into monthly compensation rates. But it’s not just about your disability rating – the number of dependents you have can bump up your benefits, too.
So, if you have a full house, you might see a bigger check. These rates can also increase year over year with inflation.
Combined Ratings
If you have multiple service-connected disabilities, the VA uses a combined rating table to calculate your overall disability percentage. This isn’t a straight addition – a 30% and a 20% rating doesn’t equal 50%, for example.
Our team can help you understand how your disabilities combine and potentially identify opportunities to increase your overall rating.
Permanent & Total Disability
A 100% disability rating doesn’t automatically mean your disability is considered permanent and total (P&T). P&T status provides additional benefits and protections, including:
- No future VA examinations
- Educational benefits for dependents
- Certain state and local benefits
We can help you determine if you qualify for P&T status and assist in securing this important designation.
Common Service-Connected Disabilities in Alaska
Service-connected disabilities can encompass a wide range of conditions. Some of the most common include:
Physical Disabilities
- Musculoskeletal injuries (back pain, knee problems)
- Hearing loss and tinnitus
- Respiratory conditions
- Arthritis
- Arm and shoulder injuries
- Back and neck conditions
- Cancer
- Traumatic Brain Injuries (TBI)
- Headaches
Mental Health Conditions
- Post-Traumatic Stress Disorder (PTSD)
- Depression
- Anxiety disorders
- Military Sexual Trauma (MST)
- Toxic Exposure Disabilities
- Conditions related to Agent Orange exposure
- Gulf War Syndrome
- Illnesses linked to burn pit exposure
Special Monthly Compensation (SMC)
Veterans with severe disabilities may qualify for SMC, which provides additional compensation above the 100% rate. This can apply to loss of limbs, blindness, the need for regular aid and attendance, and other specific situations.
Alaska-Specific Veteran Resources
As an Alaska veteran, you have access to state-specific benefits and resources to assist with your disability claims and appeals.
State VA Offices and Services
- Alaska Office of Veterans Affairs: Serves as the primary advocate for Alaska’s veterans, assisting with claims for education, medical benefits, and military awards.
- Anchorage VA Regional Benefit Office: Helps veterans, service members, and their families access VA benefits and services, including disability compensation, education benefits, and home loans.
- Alaska VA Healthcare System: Provides comprehensive healthcare services to veterans across the state.
- Fairbanks VA Outpatient Clinic: Provides healthcare services, including mental health support and primary care.
- Kenai VA Outpatient Clinic: Offers outpatient services for veterans in the Kenai Peninsula area.
Veteran Advocacy Groups
- American Legion: Offers support through offices in Anchorage, Fairbanks, and Soldotna.
- Disabled American Veterans (DAV): Provides assistance with benefit claims in Anchorage, Fairbanks, and Wasilla.
- Veterans of Foreign Wars (VFW): Supports veterans with offices in Anchorage, Fairbanks, and Wasilla.
- Vietnam Veterans of America: Serves veterans through offices in Anchorage, Juneau, Kodiak, and Wasilla.
- Alaska Warrior Partnership: A community-based program dedicated to empowering Alaska’s military veterans, their families, and caregivers.
- Operation Stand Down Alaska: Assists homeless and at-risk veterans with resources for employment, housing, and reintegration.
Alaska Veterans Benefits Guide
The FDVA provides a comprehensive guide to state benefits, which we can help you navigate to ensure you’re not missing out on any opportunities.
Alaska Veteran Benefits by Disability Rating
Alaska offers additional benefits for veterans based on their VA disability ratings. Here’s a breakdown of benefits by rating category:
10% – 40% Disability Rating
- Veteran Hiring Preference: Eligible veterans with a service-connected disability receive hiring preference for state jobs.
- Education Benefits: Access to federal education programs like the GI Bill and Alaska-specific scholarship opportunities for veteran dependents.
- State Vocational Rehabilitation Services: Programs designed to assist veterans with disabilities in finding meaningful employment.
50% – 90% Disability Rating
- Property Tax Exemption: Real property owned and occupied as a primary residence by a veteran with a 50% or greater service-connected disability is exempt from property taxes on the first $150,000 of assessed value.
- Free Hunting and Fishing Licenses: Alaska resident veterans with a 50% or higher service-connected disability and an honorable discharge are eligible for free licenses.
- Veteran Employment Services: Priority access to job counseling, training, and placement programs through the state.
- Discounted Recreational Access: Additional discounts on state parks, camping, and recreational activities.
100% Disability Rating
- Property Tax Exemption: Full exemption on the first $150,000 of assessed property value.
- State Camping Pass: One Alaska State Park Camping Pass is issued free of charge to disabled veterans for use in all developed state park campgrounds, valid for two years.
- Vehicle Registration Fee Waiver: Disabled veterans with 100% service-connected disabilities are eligible for a waiver of certain vehicle registration fees.
- Dependent Education Benefits: Full tuition coverage for dependents of 100% disabled veterans at state colleges and universities.
Additional State Programs
- Alaska Veterans and Pioneers Home: Provides assisted living for veterans aged 65 or older. Veterans with 70% or greater service-connected disabilities may receive priority admission.
- Veterans Land Discount/Purchase Preference: Eligible veterans receive a 20% discount on the purchase price of state residential or recreational land.
- Veterans Mortgage Program: Administered by the Alaska Housing Finance Corporation, offering competitive low-interest loans to qualified veterans with little or no down payment.
- Alaska Housing Assistance Program: Offers housing and rental assistance programs for low-income veterans and those at risk of homelessness.
- Veteran Transitional Housing: State-funded programs provide transitional housing for veterans experiencing homelessness or returning to civilian life.
- Education Assistance for Dependents: Tuition waivers for dependents of service members who died in the line of duty or are 100% disabled.
- Small Business Support: State-backed grants and contracts prioritize veteran-owned businesses.
- Veteran Legal Assistance: Free or reduced-cost legal aid for veterans dealing with housing, employment, or benefit-related issues.
- Emergency Financial Assistance: State funds available to assist veterans facing financial crises related to housing, utilities, or medical needs.
Remember, these benefits can change, and you might need to qualify. Always check with the Alaska Department of Veterans Affairs or your County Veteran Service Officer for the latest information.
How ProVet Legal Can Help You Appeal Your VA Disability Denial
At ProVet Legal, we’re more than just lawyers – we’re advocates dedicated to fighting for the benefits you deserve. Here’s what sets us apart:
- Free Consultation — We’ll assess your case at no cost to help determine if we’re the right fit for your needs.
- Experienced Legal Team — Our attorneys are 100% focused on VA law and have a track record of successful appeals. We know the system, and we know how to make it work for you.
- Personal Experience — We’re not just talking the talk. With personal insight into the challenges veterans face, we’re committed to serving those who served.
- Strategic Appeals Process — We’ll guide you through choosing the most appropriate appeal option and prepare compelling arguments to support your case.
- Timely Appeals — We are able to file most appeals within 60 days of opening a new case or receiving a new decision from the VA, often acting even sooner. We don’t wait until the deadline to take action on your case.
- Proactive Case Management — While waiting for the VA’s decision, we closely monitor the files and promptly address any errors to keep your case on track. We are proactive, not reactive.
- Transparency — We will communicate with you regularly throughout the process. Even if VA action takes months, we’ll keep you in the loop every step of the way.
Don’t let the VA’s decision be the final word on your disability claim. Contact ProVet Legal today for a free case review. Let us put our experience and dedication to work for you.
Areas We Serve
Cities:
- Anchorage
- Fairbanks
- Juneau
- Sitka
- Ketchikan
- Wasilla
- Kenai
- Kodiak
- Bethel
- Palmer
- Homer
- Unalaska
- Barrow (Utqiaġvik)
- Soldotna
- Valdez
- Nome
- Kotzebue
- Petersburg
- Seward
- Wrangell
Counties:
- Anchorage Municipality
- Fairbanks North Star Borough
- Matanuska-Susitna Borough
- Kenai Peninsula Borough
- Juneau City and Borough
- Bethel Census Area
- Ketchikan Gateway Borough
- Kodiak Island Borough
- Sitka City and Borough
- Nome Census Area
- North Slope Borough
- Valdez-Cordova Census Area
- Prince of Wales-Hyder Census Area
- Northwest Arctic Borough
- Yukon-Koyukuk Census Area
- Petersburg Borough
- Aleutians East Borough
- Dillingham Census Area
- Southeast Fairbanks Census Area
- Lake and Peninsula Borough
Don’t Let VA Denials Stop You – Free Consultation Today
The VA system is designed to wear you down. To make you give up. But you didn’t give up when your country called, and you shouldn’t give up now.
ProVet Legal is ready to take up arms for you. We’ll cut through the red tape, stand up to the bureaucracy, and fight tooth and nail for every benefit you deserve.
Don’t let the VA shortchange your sacrifice. Contact us today for your free case review.