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While VA disability benefits can help veterans receive compensation for conditions caused by their service, around 30% of claims are denied each year. It’s important to understand what your options are if your claim is denied, including whether you should appeal or if you need to reopen your claim.
Receiving a letter of denial for your VA disability claim can be incredibly frustrating. The attorneys at West & Dunn are here to alleviate some of that frustration by providing information on what your options are, such as reopening your claim or filing an appeal. Call our office today to schedule your appointment and find out what your next steps should be.
How Do You Reopen a VA Disability Claim?
Reopening a disability claim is an option in some cases and is usually used as a last resort. You can reopen a case if you have used up all of your appeals and the claim is still denied or if you didn’t file your appeal by the one-year deadline. One of the major benefits of reopening a VA disability claim is that there is no time limit or statute of limitations. This means that you may have the option of reopening your claim even if it’s been several years since your original filing.
However, you must have “new and material” evidence to reopen a VA disability claim. This is evidence that was not present in your original claim. It also has to be directly related to the reason the claim was denied. For example, if your claim was denied because there was not sufficient evidence that your disability was caused by an event during your time of service, the evidence would need to directly support that likelihood. In general, any new and material evidence must be compelling enough that the VA would need to reopen the claim. If you’re not sure whether you have evidence that meets these requirements, a VA disability attorney can help.
What Are the Appeal Options for a VA Disability Claim?
If you decide to appeal a denial for VA disability benefits, you have three options. If you don’t have any additional evidence that you want to submit, you would request a direct review. Your case will be reviewed by a Veterans Law Judge, and this process can take a year or more to complete. If you have new evidence that helps bolster your claim, you can request a supplemental review or a Board Appeal. You can also request a hearing with a Veterans Law Judge where you are able to submit evidence in relation to your claim. The hearing can be held in person or virtually, and choosing this option can extend the average time it takes for the appeal to 2 years.
Which Option is Best for My Case?
Whether you should reopen your case or file an appeal — or which appeal option to use — depends on the details of your case. If you have exhausted all of your appeal options or you missed the deadline to appeal, you may have no other choice but to reopen your claim. Talking with an experienced VA disability attorney is the best way to determine what option is right for your situation. They can help you understand what status your claim is currently under and what options are available to you. Once you make a decision, an attorney can also help you file your request to reopen or appeal and be your legal representative throughout the process.
When Should I Involve an Attorney?
Ideally, you should talk with an attorney before you file your initial claim for VA disability benefits. This ensures that you understand what is required to have your claim approved and what type of evidence you can submit to strengthen your case. However, if you already filed your claim and have received a notice of denial, it’s important to meet with an attorney as soon as possible to discuss your options.
If your disability claim has been denied, contact the attorneys at West & Dunn at 608-490-9449. We work with veterans all across the country who are seeking benefits because of their service-related disability. Schedule your first appointment to discuss your case, your current claim status, and the potential options going forward.
