If you applied for VA disability benefits only to be denied, you are not alone. A very high percentage of claimants are in the same situation that you are. Being denied VA benefits is not the end of the line, you have the right to appeal, for any reason, within one year from the date you received your notice of denial.
The most common reasons for appealing the decision are:
- Disagreement over whether there actually is a disability
- If there is a disability, a dispute over it connection to your years of military service, and
- The degree or level of disability
How to appeal:
If you plan to appeal VA disability claim you must give serious thought to the reasons the VA gave you, you must target your appeal in such a way that through the use of substantiating evidence, you can put forward a winning appeal.
If, for example, the VA agrees that you are disabled but they take exception to your claim that it is related to your military service, get an independent medical opinion that shows the connection. You might also bring in a buddy that served alongside you when you were injured that can substantiate your claim.
If the VA are of the opinion that you are not disabled your best approach is to gather additional evidence that can be used to change their ruling. Get your treatment records from your physicians, these documents are extremely powerful, even more so than your doctors statement summarizing your disability and current condition.
Get professional help:
It is not easy to appeal VA disability claim denial, there are very strict rules that must be followed; one mistake can set your appeal back months. Those that do arrange for legal assistance are far more likely to have the initial denial of benefits overturned on appeal.
If you have to appeal VA disability claim, your chances of a successful appeal are far better when you are represented by a seasoned veterans benefits attorney. You are invited to contact Jackson & MacNichol, Attorneys at Law. Like us on our facebook page.
