There is always a risk, when you apply for disability benefits through the Department of Veterans Affairs, that your application will not turn out the way you might want. This may result in you getting your benefits denied, or getting fewer benefits than you might otherwise be entitled to. Here are five reasons you may want to consider a VA disability appeal, whether you were approved for disability benefits or not:
- There was a mistake with your original application
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- By far the most common reason that applications for VA disability benefits are denied is due to simple paperwork issues. Often, these can be readily corrected, but in some cases you may need to get additional eyes on your application to get through the approval process. To do that, you may need to appeal your application, which can be a complicated process in its own right.
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- You were told your disability was not service-related
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- One of the key factors in determining whether you are eligible for VA disability benefits is whether or not your disability is related to your military service. If you struggle to show how your service caused your disability, you may have your claim denied, even if it is entirely valid. An appeal can give you another chance to explain yourself, allowing you to potentially access the benefits you deserve.
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- You have since obtained more medical evidence
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- Some applications for VA disability benefits are denied due to a lack of medical evidence- in other words, due to a lack of information about the nature and severity of your condition. Often, this is due to medical or psychological conditions that arise after a person’s service has ended, even if the reason for developing the condition is rooted in their military service. With additional testing or treatment, however, you may have more evidence to prove your claim, making an appeal worthwhile.
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- New scientific evidence has come out about your condition
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- The broader understanding of medicine is constantly evolving, especially when it comes to less common diseases or injuries. It is possible you may suffer from a condition that was poorly understood when you first applied for VA disability benefits, but which has been better researched over time. In that case, an appeal may allow you to get your case reconsidered in light of new scientific information.
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- You got a lower disability rating than you might deserve
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- Even if you get approved for VA disability benefits, that does not mean you will necessarily get the outcome you want. Your disability rating determines the level of benefits you will receive, and it is always possible for the VA to underestimate the rating you should be entitled to. Appealing your VA disability rating can help you bolster the benefits you receive, which can help you and your family.
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.
