Yes, it is often worth appealing a Department of Veterans Affairs (VA) Disability claim after a denial. You can file an appeal if you believe that the VA denied your claim without reason. In a significant number of cases, the VA will decide to allow a claim or remand it to a regional office for reconsideration.
A Veterans Disability appeals lawyer can review the specifics of your situation and help you determine if you have a good chance of successfully appealing the VA’s initial decision. An attorney can also improve your chances of succeeding with your appeal.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
Is Appealing a VA Disability Claim Worth It?
Going through the effort of appealing an initial denial from the VA is often worth it because the agency may reconsider its initial decision and provide the benefits you deserve.
You can improve your odds of getting a successful appeal by hiring an attorney who understands VA decision reviews and appeals.
What is the VA Disability appeal success rate? According to some estimates, the VA allows up to 40% of appeals, with veterans who have help from a lawyer seeing the highest rates of success.
The VA remands between 30 and 40% of other appeals, sending these appeals back to a regional office, which could also accept the appeal.
Therefore, the majority of appeals have at least a chance of success, meaning it is worth appealing a VA disability claim in many cases.
For a free legal consultation, call (800) 562-9830
Reasons Why You May Need to Appeal a VA Claim
The reason for your initial VA disability claim denial will play a large role in determining whether it’s worth appealing the initial decision. An attorney can review the denial and explain the reason for the VA’s decision.
Some common reasons for VA benefit denials include:
The Submission of Incorrect or Incomplete Forms
The VA can deny your claim if you submit a claim with inconsistent or missing information. You need to correctly fill out every section to avoid a denial.
If the VA denies your claim due to missing information, it’s often worth hiring a lawyer and appealing the decision after gathering up the required information.
A Lack of Credible Diagnosis
The VA may deny your claim if you submit it without including a medical diagnosis backed by professional evidence. Your lawyer could explain the steps you need to take to secure an official diagnosis, allowing you to appeal with a higher chance of success.
Issues With VA Deadlines
The VA gives you a limited amount of time to apply for disability benefits in many cases. If you wait too long to submit your application, it could result in a denial. In this case, it may prove more challenging to lodge a successful appeal.
However, a lawyer may still offer assistance in this situation. You can discuss your eligibility for an appeal by reaching out to a Veterans Affairs Disability benefits claims lawyer right now.
How Do You Appeal a VA Disability Claim?
If you decide that appealing your VA disability claim is worth it, the first step to take is to get professional help. An attorney can review your VA denial letter and move quickly to assist with the appeal.
You only get a year from the time of your denial to proceed with an appeal, so it’s pivotal that you reach out for assistance quickly. You have three options to handle an appeal, and they vary based on your situation.
Your attorney may recommend:
Filing a Supplemental Claim
If the VA denied your claim due to a lack of evidence, you may need to complete VA Form 20-0995. This form allows your attorney to submit new evidence that can support your claim and help with an appeal.
Requesting a Higher-Review Level
Your attorney may recommend a higher-level review if you think there was an error in the VA’s decision. You can file VA Form 20-0996 in this situation. You cannot submit new evidence when using this option to appeal.
Going Before the Board of Appeal
You can use VA Form 10182 if you want a hearing from the Veterans’ Law Judge with the Board of Veterans Review to go over your case. An attorney can explain the full process of going through this type of review.
Talk to Us About Appealing a VA Disability Claim
So, is it worth appealing a VA disability claim? In many cases, yes, it’s worth taking the chance to appeal the VA’s initial decision after a denial.
Our team at Marc Whitehead & Associates can review your situation and help you determine if an appeal could work for you.
Our law firm has over 120 years of combined experience that we can draw on to help after a Veterans Disability denial. We’ll take your situation seriously, answer all your questions, and stand by you throughout the appeals process.
You can reach out to us right now to discuss your next steps.