If your application for disability benefits has been denied, you may be tempted to give up on the whole thing. You should consider trying to appeal VA disability denials before throwing in the towel. With the assistance of a lawyer, you can re-evaluate your claim and try again. Here are some of the procedures involved.
Filing a VA Claim
If you are unhappy with the Rating Decision you received, consider filing a Notice of Disagreement at a regional VA Office. Afterthat, the VA may give you the option to either have your case reviewed by a Decision Review Officer or take your appeal to the Board of Veterans’ Appeals. This is heard in Washington D.C. or at your local VA office. Getting the case reviewed first is probably the better option because going via the Board can take a long time for you to get a hearing.
Errors that Lead to Denial
Many times, veterans have injuries that do not qualify them for compensation such as those sustained when a soldier was AWOL or in a military prison. In these cases, appeals are unlikely to change the outcome. There are, however, cases where the claim denial was due to some error on the side of VA. It is important to understand these possibilities when you are looking to appeal.
If VA denies your claim for lack of evidence, you are entitled to appeal this. They must let you know about missing evidence in your application. Your claim could be denied if the VA does not provide you with a required medical examination. You should use the reason given for denial to help you submit a successful appeal.
If you need information on how to appeal VA disability denials, contact Jackson & MacNichol and revisit your claim. You can visit them online at https://www.veteransbenefits.com/.
