If you are a veteran of the US military and you are suffering from a physical or psychological disability, you can apply for disability benefits through the Department of Veterans Affairs (VA). However, even if your disability claim is denied, you may still be able to appeal and get the benefits you deserve. Here are five reasons to consider appealing your VA disability claim:
- You were denied due to paperwork errors
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- The process of applying for VA disability benefits can be more complicated than some people realize, with tons of forms to fill out and evidence to gather. This means there is always the chance you may make a mistake and submit incomplete or incorrect forms. An appeal can help you correct these mistakes and make the VA give your claim the consideration it deserves.
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- You have obtained new evidence for your condition
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- A common reason that many disability claims are denied is that there is a lack of evidence for the claim. This may include a lack of medical evidence for your disability, or a lack of evidence connecting your condition to your military service. If you are able to get new evidence, such as from undergoing additional medical testing, you may be able to appeal your disability claim.
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- The scientific understanding of your condition has advanced
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- As advanced as medical science is these days, we are still learning things all the time, and that means the understanding of various disabilities is also expanding. This means that medical and psychological conditions that were once poorly understood are now better explained. If new scientific evidence related to your disability has emerged, it may give you a chance to appeal your disability claim.
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- You were issued a disability rating that is too low
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- Appeals for VA disability claims are not limited to unsuccessful attempts to obtain benefits. You can also appeal if you were issued a disability rating that is too low for the severity of your condition. This can be important, because the higher your disability rating, the more benefits you are entitled to by law.
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- Your medical condition has worsened
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- You can also appeal your VA disability claim if your disability has worsened since you first applied for benefits. Even if you were ultimately successful in getting a disability rating, it may be worthwhile to get it reevaluated over time. That way, you can ensure you get the benefits you rightly deserve.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
