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There are nearly 5 million veterans in the United States who have a disability that is directly connected to their service. And while the U.S. Department of Veterans Affairs has disability benefits available for qualifying veterans, it’s rarely easy to get your claim approved and actually receive the funds. It’s important to understand what happens if your claim is denied and what appeal options you have.
If your VA disability claim was denied, you’re not out of options. Schedule an appointment with one of the VA disability attorneys at West & Dunn to go over your denial and find out what you can do to appeal.
What Are the Three Options for Decision Review?
When you receive notification that your VA disability claim has been denied, the first step should be to read the paperwork thoroughly and consult with an experienced VA disability claims attorney. There may be specific instructions on what you need to do to challenge the denial. There are three options for challenging a denial:
- Supplemental claim: This option can be used if you have new evidence to submit for your claim, such as additional medical documentation.
- Higher-level review: This is an option if you don’t have any new evidence but you disagree with the initial decision and want someone who is more experienced to review your file.
- Appeal to the Board: This option can be used whether you have new evidence or not. Depending on the reason for your appeal, it can involve a review by a Veterans Law Judge or a hearing.
How Long Do You Have to Request a Decision Review?
You generally have one year to use any of the above options to challenge a VA disability claim denial. In some cases, it can be beneficial to your case to wait several months to challenge the decision, as this can give you more time to gather new evidence, such as statements from medical professionals or additional evidence of how the disability has affected your ability to work or quality of life. However, it’s also imperative that the appeal be filed in a timely manner. Your attorney can help you determine whether your case would benefit from new evidence and how to gather this evidence and still be able to file your challenge on time.
Are There Any Other Options If the Decision Review Isn’t Favorable?
In some cases, submitting new evidence or having a higher-level review is enough to overturn your denial. But it is possible for your appeal to also be denied. This doesn’t mean that your case is over, however. You still have the right to appeal the Board’s decision. If you have new evidence that you want to submit, you can file another Supplemental Claim. Otherwise, you can file an appeal with the U.S. Court of Appeals for Veterans Claims.
How Can an Attorney Help?
One of the benefits of working with an attorney is that they deal with these types of cases on a regular basis and have experience with how to approach these types of claims and appeals. Your attorney can help you review your denial letter to understand why your claim was denied and help you identify what strategy is best moving forward.
Many VA disability claims are denied because the review didn’t believe there was sufficient evidence to support the claim that the person’s issues rose to the level of a disability or that the disability was directly connected to the person’s military service. An attorney can provide guidance on how to gather more evidence and what type of evidence, specifically, would be helpful in your case. They can also handle the filings for you and decode complicated legal language to ensure you understand what’s going on with your case at all times.
At West & Dunn, we understand how disappointing and frustrating it can be to get a denial for your VA disability claim, and we’re here to be your advocate and help you challenge an incorrect denial. Call our firm at 608-490-9449 to schedule an appointment, get your questions answered, and take the next step toward getting your claim approved.
