Receiving a lower rating than expected or denied claim can be extremely frustrating during the VA disability claims process. After serving your country, you deserve to receive proper compensation for your efforts. Veterans should not simply give up after receiving an unfavorable VA disability decision, they should take the next step forward by filing an appeal. In order to increase their chances of having a successful appeal, veterans need to be aware of the common reasons why VA appeals get denied. By being aware of these mistakes ahead of time, veterans can ensure they avoid them and strengthen their appeal.
Let’s discuss the top four reasons why VA appeals get denied and how veterans can avoid doing them and ensure the strongest appeal possible.
1. Lack of New & Sufficient Medical Evidence
If your disability is not well-documented, the VA may not have enough information to approve your claim. Especially if this is the reason why your claim was denied in the first place, it’s important that you get it right during the appeal process. Submitting the same evidence you previously submitted with your claim will not help your appeal. Medical records, doctor’s statements, and treatment history are all important evidence that should be included in your appeal. If these are missing or there isn’t a clear link between your disability and service, your appeal may get denied.
Some things veterans can do to make sure they have strong evidence are:
- See a doctor regularly and keep up with treatments
- Request a nexus letter from their doctor, this is a letter that directly connects your disability to military service
- Gather new and relevant evidence to submit with your appeal that you did not submit previously with your claim
2. Missing Deadlines or Filing Errors
While filing an appeal, there are strict deadlines that must be met. If any of these deadlines are missed, veterans may lose their chance to file their appeal. An important deadline to be aware of is for filing an initial appeal, veterans have one year from the date on their decision letter to appeal the decision. Depending on the type of appeal you are filing, there are other important deadlines veterans should be aware of as well. Veterans should make sure to keep track of all their deadlines by writing them down or setting reminders on their phones.
Additionally, errors such as incorrect forms or incorrect information provided can lead to denials. These errors can easily be corrected by veterans making sure they double-check all their forms before submitting them or even having a friend or family member look over them as well.
3. Failure to Prove Service Connection
A common reason VA disability claims get denied in the first place is the failure to show a service connection. Service connection is essential to prove in order to receive VA benefits and if the VA doesn’t see a clear link between your disability and time in service, your claim will likely be denied. If this was the reason your initial claim was denied, there are ways to improve your case for an appeal. The best way veterans can ensure service connection is established is by sufficient medical evidence. Veterans should make sure they have all service records, medical reports, and buddy statements that help demonstrate when and how their disability came about
4. Not Seeking Legal Guidance
The VA claims process can be complicated and hard to manage on your own. While it is not impossible to go through alone, experienced VA attorneys can make a huge difference on the outcome of your appeal. VA attorneys can help spot errors and weaknesses in your appeal that you may have overlooked and help you correct them. Veterans who have legal guidance with their appeal will likely end up having a stronger case than those who do not.
If you’re struggling with your VA appeal, don’t do it alone. Our experienced attorneys can help you navigate the process, avoid common mistakes, and get the compensation you deserve.
Contact Veteran Esquire Legal Solutions today for a consultation and get the help you need!