Getting your VA claim denied can be a punch to the gut. You spent time gathering evidence, waiting for a decision, and hoping for a positive outcome. Now you’re probably wondering, “What To Do If Your VA Claim Is Denied.” This is more common than you might think. But don’t give up. You have options to fight for your benefits.
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Table of Contents:
- Understanding Why Your VA Claim Might Be Denied
- Options for Appealing a VA Disability Claim Denial
- Important Considerations for Your Appeal
- Dealing with the Emotional Toll
- Conclusion
Understanding Why Your VA Claim Might Be Denied
Before you start the appeals process, it’s helpful to understand why the VA might deny a claim. This knowledge will give you a better starting point for building a successful appeal.
Common Reasons for VA Claim Denials
Here are a few reasons the VA might deny disability benefits. Knowing this will guide your next steps on What To Do If Your VA Claim Is Denied:
- Lack of Service Connection: This is probably the most frequent reason. The VA needs to see a clear link between your current disability and something that happened during your time in service.
- Insufficient Medical Evidence: You need medical records from doctors that clearly connect your disability to an injury or event during your service.
- Missed Deadlines: The VA has strict timelines for filing documents. If you miss one, it could lead to a denial.
- Issues with Discharge Status: If you received anything other than an honorable discharge, getting benefits can be difficult.
Options for Appealing a VA Disability Claim Denial
Ok, you’ve gotten the denial letter. What’s next? This is when many veterans feel lost and unsure about What To Do If Your VA Claim Is Denied. Don’t despair; there are three main options when it comes to a decision review.
1. Supplemental Claim
A supplemental claim is a good option if you have new and relevant evidence to strengthen your claim. For example, a new diagnosis from your doctor or service records that surfaced after the initial filing.
2. Higher-Level Review (HLR)
A Higher-Level Review gets a fresh set of eyes – a more senior VA employee will take another look at your case. This is best if you believe there was a misunderstanding or misapplication of the rules during the first review. You can request a Higher-Level Review by submitting VA Form 20-0996. Sometimes a simple clarification is all it takes.
3. Board Appeal
A Board Appeal takes your case to the Board of Veterans’ Appeals in Washington, D.C. It’s a formal legal review with an experienced Veterans Law Judge. Consider this option if your case is particularly complex, or previous appeals haven’t worked out.
Important Considerations for Your Appeal
No matter which appeal path you choose, make sure you take your time to strengthen your claim with documentation and support:
- Consult with a Veterans Service Organization: Get expert advice and help from organizations like the DAV or VFW – they’ve helped vets for years. For assistance, contact the National Resource Directory or sign up for email updates from the VA. You could connect with a claims agent or accredited attorney.
- Gather Strong Medical Evidence: Detailed medical records showing how your condition impacts your life daily are key to a successful claim. The more specifics about limitations on work or daily activities, the better. The Schedule for Rating Disabilities details how ratings are determined by the VA and can guide you in seeking the appropriate documentation. If possible, it’s advisable to obtain an independent medical opinion.
- Submit Your Appeal On Time: You generally have one year from your denial to file a Notice of Disagreement (NOD). To learn how, visit the VA’s website for Form 10182. If you don’t, your claim is essentially dead in the water. Don’t lose out on your chance to appeal.
- Lay Out Your Case Clearly: Explain why you believe the denial was wrong, and support your argument with the relevant regulations.
Dealing with the Emotional Toll
Getting a VA disability claim denied is frustrating and emotionally draining, particularly for veterans like Benjamin Juarez. He shared with Kare 11 news that the process left him feeling “kind of lost in the sauce” after getting his benefits denied.
It’s crucial to have support during this time. Talk to family and friends, or a therapist who specializes in veterans’ issues. Don’t go through this alone.