In the process of serving your country, you suffered a long-term disability. While a denial letter from the VA for disability benefits is disappointing, it is not the end of the road. Keep in mind that the majority of VA disability claims are denied initially. Some whose claims are approved may receive a lower rating than expected, given the extent of their disability.
If you think the decision is unfair, a Veterans Disability Appeals Attorney at Marc Whitehead & Associates can help you file an appeal so that you might have the decision reconsidered. Having an attorney fighting for you increases the odds of a successful appeal.
Common Reasons Why VA Disability Benefits Are Denied
VA disability claims are complicated. That complexity plays a major role in the reasons that VA benefits are denied. Commons reasons for VA disability benefits denial include:
- Filling out the form incorrectly–It is crucial that applicants fill out the form correctly, and use the right document. Some veterans fill out the wrong form or make errors when filling out the correct form.
- Too little evidence–Receiving approval for VA disability benefits requires submitting a great deal of evidence. Along with an official diagnosis, you must send complete and thorough medical records.
- Disability disagreement– Only certain medical conditions qualify for service-connected disability benefits. The VA may determine that your disability does not meet its conditions or is not severe enough.
- Non-service-related condition–In many instances, there is no question that an applicant meets the criteria for disability. However, the VA may not consider the condition related to military service. Applicants must undergo an examination by a VA doctor who makes an official diagnosis. The VA doctor also determines whether the condition is service-related.
- Pre-existing condition–The VA may decide that the condition is pre-existing, rendering the applicant ineligible for benefits.
When it comes to paperwork, the disabled veteran is not always at fault. Sometimes, the VA makes the clerical error, resulting in an unnecessary denial.
What to Do After Your VA Disability Claim is Denied
After reading your VA denial letter carefully, the first thing to do after learning about your claim denial involves consulting an experienced Veterans Disability Appeals Attorney. You have just one year from the date of the denial to file an appeal. It is crucial to have your lawyer involved in the process right away. An attorney adheres to all deadlines and works to clarify any issues raised by the VA.
How Do I Appeal My VA Benefits Claim Decision?
An appeal begins with choosing one of three Decision Review options:
- Supplemental claim–Fill out VA Form 20-0995 to provide new, relevant evidence affecting your claim. If new evidence is required, it cannot be material already in the VA records.
- Higher-review level–Fill out VA Form 20-0996 if you believe there is an error regarding the decision. This option does not permit the filing of new evidence.
- Board of Appeal– Fill out VA Form 10182 to request a Veterans’ Law Judge at the Board of Veterans Review to hear your case. You can request a direct review, which does not involve new evidence or a hearing, or an evidence submission that does not require a hearing. You can also ask for a hearing with or without new evidence.
Why Should I Appeal My VA Benefits Claim Decision?
It is possible to appeal your VA benefits claim decision on your own. However, applicants using the DIY approach often prove unsuccessful. That means they lose out on the benefits that could make such a difference in their lives.
Those hiring a Veterans Disability Appeal Attorney have a much greater likelihood of having the VA approve their claim. Having a professional who knows the intricacies of the VA disability system represent you significantly increase the appeal success rate. That means you might enjoy a higher quality of life.
We analyze the entire claim history and determine the most effective path towards getting a client their benefits.
Contact an Experienced Veterans Disability Attorney
The VA employs attorneys to consider every appeal. An appellant without legal representation is at a substantial disadvantage. If your VA disability benefits claim was denied, you need the services of an experienced veteran’s claim attorney at Marc Whitehead & Associates. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fees unless you are awarded VA disability benefits.
