Every year, the Department of Veterans Affairs (VA) receives close to two million applications for disability benefits. However, a majority of these applications are denied, often due to entirely avoidable mistakes that lead to otherwise valid claims being dismissed. Here are five common mistakes that disabled veterans make when applying for disability benefits through the VA:
- Failing to check that paperwork is complete and accurate
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- While it may seem incredibly basic, the fact of the matter is that many disability applications are denied due to simple paperwork errors. This includes people who fail to completely fill in forms, people who provide incorrect or outdated information, as well as people who forget necessary forms. These applications may be rejected outright, regardless of how valid the claim may be.
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- Missing the grace period
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- While there is no specific date by which you need to apply for disability benefits, it is generally best to file for benefits within one year of leaving service. This is known as the “grace period,” during which disabled veterans can file for benefits and receive retroactive benefits leading back to the day when they left the military. Waiting longer could mean a more complex application process, and also missing out on retroactive payments you might otherwise be entitled to.
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- Making claims for undiagnosed medical conditions
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- Even if you are suffering from a severe medical condition related to your military service, your condition needs to be diagnosed by a doctor first. This diagnosis can come from a VA doctor, or a private physician, but there must be documentation of the diagnosis. If you try to seek benefits before receiving a formal diagnosis, you may be denied outright.
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- Failing to submit adequate medical evidence
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- You need to be able to prove both the existence and severity of your condition, which means you need medical evidence. This includes any medical records such as tests performed to diagnose the condition, as well as any records of procedures or treatments performed to address the condition. Disabled veterans who fail to make these records available may be denied.
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- Making claims for disabilities unrelated to military service
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- Veteran disability benefits are only meant for people whose disability is somehow related to their military condition. This means it must have either been caused directly by their service, or it must have been worsened due to something that occurred while they were in the military. If you fail to provide evidence that your condition is related to your service, your application may be denied.
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.
