If you have applied for disability benefits through the Department of Veterans Affairs (VA) and been denied, or you received a lower disability rating than you anticipated, that does not mean it is the end of the road. By appealing your decision, you can potentially get a significantly better outcome, but you need to be able to demonstrate a legitimate reason for the appeal. Here are five reasons you may want to consider seeking a disability appeal for your VA benefits:
- Lack of connection between service and disability
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- One of the most common issues seen in disability appeals is when the VA claims that a veteran’s disability is not connected to their military service. The VA is only obligated to grant benefits for conditions that were caused by, or worsened by, something that occurred while they served in the military. As such, it can be important to contest the VA if they claim your disability is not service-related.
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- Lack of medical evidence
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- Another common issue that may come up in a disability appeal is when there is a lack of available medical evidence at the time of the application to consider someone disabled. This evidence may take the form of medical records, test results, and other reports that can show someone has a disability. If these records were not appropriately considered by the VA, or there has been new medical records since then, it may be an opportunity for an appeal.
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- Disability rating is too low
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- Even if you were approved for VA disability benefits, you may still want to consider an appeal if your rating was too low. In these cases, the VA may underestimate just how disabling your issues are, meaning you do not get all of the benefits you might be entitled to. Here, a disability appeal can help you increase your rating to something more appropriate.
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- Failure to attend C&P exam
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- Most veterans who apply for disability benefits will need to undergo a Compensation & Pension (C&P) exam. In this exam, you are supposed to have your condition independently evaluated to determine the nature and extent of your disability, and it is typically considered mandatory. If you miss it, you may be denied, but you may also be able to appeal that denial and get a second chance.
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- New scientific evidence has emerged
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- Sometimes, an application will be denied because there is a lack of available scientific evidence connecting your condition to your service. However, science is constantly evolving, and new studies or testing may reveal a connection that was not there previously. A disability appeal can help you introduce that new evidence, giving you another chance at obtaining benefits.
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.
