A denied VA claim can be frustrating, primarily when a veteran’s future solely depends on the outcome. Denial is often not the end for those seeking disability benefits. Individuals who apply for VA disability compensation benefits can appeal the decision with the help of a reliable attorney.
When Is an Appeal Appropriate?
There are multiple reasons why an appeal proves appropriate. The most common reason for filing an appeal is when there’s an outright denial of the claim and when the service members believe that the amount they’re bound to receive is unfair.
Denied Claims
The primary reason for filing an appeal is when there’s an outright denial of rewards. A service member’s claim may get denied due to lack of diagnosis, pre-existing, missed deadline, lack of medical records, or insufficient in-service evidence. Fortunately, veterans can address these factors when appealing to the process. It isn’t uncommon for veterans to obtain benefits following the denial of the initial claim. Work with a reliable attorney with adequate knowledge on how to appeal a VA decision to improve your chances of securing fair compensation.
Insufficient Benefits
Appeals address more than just denied claims. Veterans who believe the assigned disability rating doesn’t match their impairment level should file an appeal, even if their claim gets technically approved. A higher disability rating demands additional evidence and may provide veterans with additional disability benefits.
VA Appeal Preparation
The denial of a VA disability claim isn’t necessarily the end of your chances to recover the benefits. A sequence of steps is available to veterans who wish to file an appeal. The essential thing to do is continue the process following the denial letter. Veterans who have their claims denied should keep copies of various correspondence from the VA describing the basis for the denial. Veterans must maintain the decision letter to improve the chances of filing a successful appeal. Ultimately, the most crucial step to prepare for the appeals process involves hiring a reliable lawyer. The appeals process is complex, and minor errors may harm your chances of success. A reputable attorney maximizes your chances of securing a favorable appeal following the denial of a veteran’s disability benefits.
Steps Available During the Appeals Process
There are three distinct decision review steps for veterans who wish to file an appeal following the denial of their claims. The effective date remains intact as long as veterans pursue the claim continuously within one year following the VA decision. A veteran may choose to navigate the legal process alone, but working with a seasoned lawyer is essential due to the legal advice synonymous with such legal professionals.
Supplemental Claim
A supplemental claim is the immediate decision review following the denial of a claim. Veterans can file this claim if they have relevant and new evidence that wasn’t considered during the denial process. New evidence entails the evidence that wasn’t part of the record, while relevant evidence includes information that may disprove or approve a matter during an appeal.
Higher Level Review
A higher-level review is the next appellate process. A senior reviewer assesses the veteran’s claim using a new approach. The review process establishes whether the decision by the VA may be overturned based on an error or a difference of opinion. Veterans can’t submit new evidence during this review process.
Board Appeal
A Board appeal is the final decision during the appeals process. Veterans appeal the claim to a Veterans Law Judge present at the Board of Veterans’ Appeals. A veteran may request a direct review allowing the judge to review the appeal depending on the evidence submitted without needing a hearing. Veterans may also submit additional evidence to the judge, which is reviewed within 90 days after the appeal gets filed. Former service members can also request a hearing with the judge and submit additional evidence within three months after the hearing.
Veterans should note that a denied disability claim doesn’t mean their chances of securing VA disability benefits are gone. Work with a reliable lawyer to improve your chances of securing fair compensation. Former service members should follow the right approach when filing an appeals process.
