You have diligently served your country but unfortunately, you returned home hurt. Your expectation to be taken care of in your time of need is not unrealistic. Sadly, many veterans are unable to gain the benefits that they deserve. If your VA disability compensation has been denied, you may feel frustrated, angry, even shocked. You may think you’re already out of options. Thankfully, getting a VA claim denial doesn’t have to be the end of your story.
Each year the VA denies around 30% of disability claims. Often times, the VA does not give specific reasons for why you did not qualify, this further makes the the “claim denied” status more confusing.
If your VA disability claim was denied, you may submit an appeal to the VA office within one year of your denial date. With this in mind, it is critical to understand and determine what went wrong with your initial appeal; this will help you to know specifically what evidence you should provide with your appeal.
Here Are Some Top Reasons For Denied Claims
Technical Errors: The veteran may have made a technical error, such as submitting the wrong form or completing the form incorrectly. It is critical that veterans ensure that they send the correct forms.
The Veteran Didn’t Provide Sufficient Evidence: Information about the extent and impact of the disability, such as an effective personal statement and “buddy letter” are additional pieces of evidence in the claims process. Evidence may be presented as medical evidence, lay statements, supporting documentation (such as military service records), expert opinions and specialist reports, for example. If it is that there was not enough evidence submitted about the disability in a veterans claim, the VA will likely deny it. In like manner, the VA may deny a claim if the medical evidence the provided by the veteran and the veteran’s physician are not clear, is not thorough enough to establish a disability, or does not include a specific diagnosis that would entitle them to VA disability benefits.
Proving A Service Connection: Being disabled isn’t sufficient to get a VA disability rating and qualify for benefits. The veteran must demonstrate that the disability is connected to their military service. While some conditions are presumed service-connected for some veterans, you will typically need to provide a “nexus letter” to confirm same. It is also crucial that the veteran does not leave out any secondary conditions when filing, or pre-existing injury that was aggravated by service- if these information are left out it may result in an insufficient showing of service-connected impairment or service-connected aggravation of the condition.
The Veteran Has Failed to Cooperate With The Process: Providing any additional requested information promptly or failing to attend the Compensation & Pension (C&P) examination can result in a denied claim. A requirement for your disability claim is that the VA will ask you to attend what is known as a Compensation & Pension (C&P) examination. This exam confirms the status of the disability, and whether the condition is service-connected, which qualifies you for compensation. These appointments are a crucial part of the VA disability claims process, and should be treated as such. Therefore attending the appointments, having a qualified examiner who can examine your particular disability, rushed appointments or overly lengthy appointments, important tests or questions being skipped, etc. If this happens, you should immediately inform the VA.
Your Disability Rating Does Not Qualify You For Benefits Even though you may be accepted by the VA to have a diagnosis that is service-connected, you still may be assigned a disability rating that does not actively reflect your medical condition. If a veteran receives a rating less than 10%, they will not qualify for compensation, leading the VA to deny any financial compensation for their VA disability claim. Providing further evidence of your disability, be it more medical records, buddy statements, medical bills, service records, etc. can help in potentially increasing your rating.
The Veteran Filed For Benefits Too Late:
While you can claim VA disability benefits at any time during your disability, some veterans battling certain conditions that can be overcome wait too long to file–if you’ve completed treatment and are back to good health, you likely won’t be eligible anymore
The veteran may have also missed the deadline to submit a claim. It is important that the veteran notes the deadline to submit claims and appeals. It takes time to gather specific evidence and documentation. If it is that a veteran waits and the condition significantly improves, they may become ineligible. Important to note too, is if the claim or appeal is not submitted within the required timeframe, the veteran will need to restart the entire process.
As you prepare to submit your VA disability benefits claim, organize your evidence effectively. Highlight the most relevant and compelling information while having your supporting documentation align with the criteria and requirements outlined by the VA.
Be proud of the sacrifices you have made in service to our nation! You are resilient and brave. We honor and thank you for your sacrifice and will work assiduously in supporting you to gain the maximum benefits that the VA provides.
If you need assistance with VA disability claim or claim denial, we are here to help. Call Veterans Claim Servants at 904 605 0431 or contact us here.
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