If you are a veteran who has either applied for disability benefits through the VA, or you are looking to apply for benefits, you may be concerned about the risk of having your claim denied. Fortunately, there are a few factors that you can be aware of that increase the likelihood of success if you want to appeal a claim. Here is what you need to know about appealing a VA disability denial:
- You can appeal if they made a serious error when considering your claim
- Everyone makes mistakes, and the people who evaluate your VA disability application are no different. They may misinterpret the documentation or evidence provided, or they may find fault with a minor issue in an application that is otherwise fine. Either way, it can be helpful to get new eyes on your application to ensure it is considered fairly.
- You can appeal if you obtain new medical evidence
- Sometimes, people will deal with a VA disability denial simply because there was not enough medical evidence of their condition. This can be a problem if there were any issues obtaining your medical records, and particularly if you were only diagnosed with your condition long after your service ended. Either way, obtaining new medical evidence can help prove a claim that was otherwise dismissed earlier.
- You can appeal if the science evolves
- When it comes to a VA disability denial, sometimes the problem is not with the evidence of your claim, but rather with the broader understanding of medical science. The VA tries to keep abreast of all major developments in medicine, but they can still fall behind when it comes to various disabilities. Thus, it can be worthwhile to appeal a claim that was denied due to deficiencies in scientific understanding of your condition.
- You can go further up the chain if your first appeal fails
- The VA disability appeals process has multiple levels, and just because you are denied once does not mean you are out of options. You can continue appealing up the chain, giving you additional chances to get past your VA disability denial. However, this can be difficult and lengthy, and you should not try to handle it alone.
- You should make sure you hire a lawyer to represent you
- Ultimately, like any other legal issue, it can be critical to have a lawyer represent you in your VA disability denial appeal. They can help you review all your legal options, and ensure you get the best possible outcome to your case. The sooner you call, the sooner they can get to work for you.
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.
