Why is a 100% disabled VA veteran denied $50,000 under LA Statute 26:26.1?

Question

I am a 100% disabled veteran through the VA and recently filed a claim under Louisiana Revised Statute 26:26.1 for a $50,000 benefit. However, my claim was denied because, despite my 100% VA disability rating being granted as of October 7, 2023, not all my injuries were incurred during a qualifying period after September 11, 2001. The combined rating for my qualifying injuries is reported as 70%. I have an appeal letter ready to address this. Why might I still not qualify, and what steps can I take in my appeal?

James L. Arrasmith · Answer

Your claim was likely denied because the statute specifically requires that qualifying injuries must have been incurred during periods of activation after September 11, 2001. While you have a 100% VA disability rating overall, the fact that only 70% of your disabilities occurred during the qualifying timeframe is the crucial distinction.  
 
For your appeal, focus on documenting which specific injuries were incurred during qualifying periods after 9/11. You might need medical evidence establishing the connection between your service during qualifying periods and those specific disabilities. Consider requesting a detailed breakdown of your disability ratings from the VA to show exactly which conditions contribute to your overall rating. 
 
Working with a veterans service officer from organizations like the American Legion or VFW could strengthen your appeal. They can help gather the necessary documentation and possibly identify if there are any conditions that should be reconsidered as qualifying under the statute's requirements. Remember that the law is specifically looking at when and how each disability was incurred, not just your overall rating.

Q: Why is a 100% disabled VA veteran denied $50,000 under LA Statute 26:26.1?