As a veteran of the US military, you have the right to claim benefits in the event you suffered a disabling injury while serving. Although you have the right, don’t think that the VA will simply accept your claim, many are denied outright. Having your claim denied does not necessarily mean that it is not valid; the VA makes a large number of errors.
If your claim is denied you are not alone, in some local offices the error rate is approaching 70 percent. It makes sense for you to consult with an attorney for VA disability and appeal the original decision. You are in for a long, drawn out process but a lot of claims that were initially denied are later approved on appeal so don’t give up.
Reasons for initial claim rejection:
Don’t think that just because your claim was rejected you are not eligible for disability benefits. Even the Department of Veterans Affairs accept that they make far more errors than they should.
When the Department of Veterans Affairs rejects a claim it can be because of a simple error on their part, perhaps your case was not given enough time and the facts were not properly analyzed or, maybe you failed to provide enough supporting evidence.
The common reasons for denial include:
- Insufficient evidence to support your claim
- Disagreeing that your disability is service related but was pre-existing
- The DVA may agree that you are disabled but they assign a rating that does not accurately define your symptoms
An attorney for VA disability can help you; many of these types of denials can be overturned if you and your attorney can provide enough evidence to refute their assertion. Although an attorney cannot officially help until your claim has been formally denied, he or she can review your initial claim and spot details that can be improved.
If your claim for veterans disability benefits was denied you should hire a seasoned attorney for VA disability to assist with your appeal. For a free evaluation of your claim you are invited to contact Jackson & MacNichol, Attorneys at Law.
