My VA Claim Was Denied; What are My Options? How to Choose the Right VA Disability Lawyer
Finding out that your VA disability compensation has been denied can be shocking and leave you upset, frustrated, and even angry. Your first thoughts are, what do I do next, and I am already out of options? However, you should be relieved to know that you do have options and up to one year to appeal your claim. According to the most recent VA report, there are over 18 million Veterans in the United States; however, just over 5 million Veterans are currently receiving benefits. Your first step should be to hire an experienced veterans disability attorney that can assist you, answer all your questions, and fight for you against an unfair denial.
At The VA Claims Lawyer, we are experienced in veterans affairs, and our nationwide VA attorneys are here to help you. This article will walk you through why sometimes VA disability claims are denied, the following steps after a denied claim, and how an attorney can help you get the benefits you need. Please feel free to call us at 877 VET FILE.
Here are the six most common reasons why VA claims are denied.
The bottom line is that VA disability claims are complicated. So, first, veterans are at a disadvantage when filing because there needs to be more guidance from the VA, and second, the lack of clear instructions leads to mistakes, therefore, denials. Please do not hesitate to contact the VA attorney, who can walk you through your filing and denials. Here are the six most common reasons why VA claims are denied.
Veterans complete the wrong form or complete the form incorrectly.
Often VA forms are confusing and lack straightforward directions on how to complete them. It is also most common that a disabled veteran has also completed the incorrect form. Therefore, it is crucial to double-check that you have completed the correct form and have also submitted the form correctly. However, many VA attorneys offer assistance so you can successfully submit the proper form and complete the form thoroughly.
Not providing enough evidence to support your disability claim.
The VA requires significant evidence to be able to receive disability benefits. This evidence includes;
an official diagnosis
all medical records
supporting documents
enough evidence from your doctor
A VA attorney will be able to help you make sure you have collected sufficient evidence to support your claim.
You disagree with your disability rating.
The VA can decide that your disability is not severe enough or doesn't qualify. Therefore, collecting sufficient evidence to support your claim is essential to get the highest disability rating you deserve.
The VA disagrees with your disability being service related.
After reviewing the evidence you provided, the VA can decide that they do not believe your disability is related to your military service. Unfortunately, many veterans try to submit a VA disability claim without getting an exam to prove that their disability is service-related so a doctor can make an official diagnosis and connect your diagnosis.
Need to meet deadlines.
Claims and appeals take time, which is why it is crucial to file a claim and appeal as soon as possible. Don't spend time figuring out how to file independently, gathering evidence, and submitting on your behalf.
Pre-existing conditions.
It is also possible that the VA sees your disability as part of a pre-existing condition that does not qualify for benefits. If the VA can link a pre-existing condition to your disability, unfortunately, you cannot file for disability benefits. However, if a preexisting disability was aggravated by service, it may be service connected under certain circumstances. If you have any pre-existing conditions, check with your doctor and an experienced VA attorney before filing to prevent a potential denial.
What are your next steps after your VA assertion has been denied?
As mentioned above, you have up to a year to appeal your denial. However, it's best to file sooner than later. The first step is completing and filing VA form 21-0996, along with filing a Notice of Disagreement with the VA to appeal your original claim. By filling out this form, you will begin a new claims process with either a decision review officer (DRO) or the Board of Veterans Appeals (BVA). If the DRO has denied your appeal, you still have the opportunity to appeal to the BVA.
How to choose the right VA disability lawyer
However, it is crucial to contact an experienced VA disability attorney as soon as possible. Appealing your VA disability claim on your own is not advised. You need to have substantial evidence and enough evidence to support your appeal. The appeal process can be complicated, and it is essential for your case that your appeal is prepared correctly to maximize your chances of success.
At The VA Claims Lawyer, we're not just your legal representative. We're your advocate. We've successfully assisted countless veterans in getting the VA benefits they deserve. We can also help you obtain the best possible outcome in your case. If we don't win your case, there is no fee. Contact us today at (877) VET-FILE for your free case evaluation.
