Every veteran is entitled to receive disability benefits if they suffer a disability due to a service-related injury. However, a surprising number of veterans have their disability claims denied due to factors that might have been avoided. Here are five common reasons that people may have a claim for veteran disability benefits denied:
- Paperwork is incomplete or incorrectly filled out
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- Sadly, one of the most common reasons that people’s disability claims are denied is also one of the most easily prevented. A shocking number of people have their veteran disability claims denied because they simply fill out the paperwork incorrectly, or fail to fill out a critical form. This kind of mistake can usually be avoided by just being careful, but it can also be helpful to have someone else review your forms to make sure everything is correct and complete.
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- Missing filing deadlines
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- By the same token, many veterans miss out on benefits they might otherwise be owed because they miss important filing deadlines. While there is not necessarily a strict limit on when a veteran can apply for benefits, it can become much more difficult if they fail to apply within 180 days of leaving the service. Even if you do not miss out on benefits entirely, you could miss out on backdated benefits if you wait too long to apply.
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- Lack of medical evidence for disability
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- Another issue that many veterans face when applying for disability benefits is a lack of medical evidence for their disability. This may affect any veteran seeking disability benefits, but it is a more common issue for veterans seeking care for disabilities that do not become apparent until after they have left the service. In these cases, there may simply not be enough testing or examination done to confirm that a veteran has a specific disability.
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- Lack of evidence connecting disability to military service
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- Another issue many veterans face is that they may struggle to connect their disability to their military service. In many cases, there is a question as to whether the disability developed after their military service, meaning it might be unrelated. In other cases, a person may have a pre-existing condition that was worsened by their service, which can also be difficult to prove.
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- Failure to attend C&P exam
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- Almost everyone who applies for veteran disability benefits must attend a Compensation and Pension (C&P) exam, which is when they perform a medical examination to determine the nature and extent of your disability. If you fail to show up for the exam, your disability claim may be denied outright. Making sure to attend this exam, therefore, is crucial to ensuring you get the benefits you 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.
