Even if you’ve crossed your T’ s and dotted your I’s, a denial of your claim is still a strong possibility Many veterans have seen their claims denied on the first try. But that doesn’t mean the VA gets the last word. You have the right to appeal the VA’s decision, but you do have to follow procedure to make sure it’s done correctly. An attorney with experience in VA denial appeals can also help increase your chances of a successful outcome.

Time Limits

There may be any number of reasons why your claim was denied, that’s why it’s important not to take the initial denial as a final decision. This list of common VA errors may give you several reasons and methods for your appeal.

You’ll have one year from the date of your VA decision letter to file your appeal. If you miss the deadline, you’ll have to start over with a new claim, but you’ll have a new date of application. The time spent working on the first one won’t count towards the second one.

Notice Of Disagreement

The first step is to file an NOD (Notice of Disagreement) with the VA within one year. It’s just a simple statement informing the VA in writing that you disagree with their rating decision. While there isn’t a specific form for it, VA Form 21-4138 is typically used, or just type a letter stating that you disagree with the VA’s decision. You can get the Statement in Support of Claim form online at the VA’s website.

When writing your NOD, don’t begin by listing all the reasons you disagree with the VA; save that for the hearing. You’ll be able to discuss why you disagree with the VA at that point, and you must be specific when you do.

At the top of the letter or Form 21-4138, write “Notice of Disagreement.” Include the date of the letter and the denial decision. State that you plan to appeal and that you disagree with all of the reasons of the denial decision. If you do decide to list some of your reasons, state that it’s not a complete list, and your disagreement is not limited to these reasons.

Sign your letter and make sure to keep a copy for your files (and with your denial letter.) Mail it certified, return-receipt requested to the VA office that sent you the denial letter (unless your file has been moved to a different office. Keep the documents from the post office in your file to show that you met the deadline.

Once that’s completed, start collecting and assembling more evidence to bolster your claim.

Don’t Re-Use the Same Evidence

The evidence you used in your original claim wasn’t enough to get an approval, so you’ll need to find and pull together additional evidence, both from military and VA doctors and from civilian doctors you’ve seen and consulted with. Information from private doctors is allowed, so make sure you’re covered. Get new and additional evidence to support your claim, including:

·         Medical experts—if you have a specific medical condition, your specialist will have strong information to bolster your claim. For instance, if you’ve had a heart attack, your cardiologist would be your best “medical expert.”

·         Vocational experts—if you’re unable to work due to your disability, a vocational expert can write a report supporting your disability claim, explaining why you’re unable to work. This is especially helpful for Total Disability Individual Unemployability (TDIU) claims, which can also be appealed if denied.

·         Psychologists—if your disability is mental in nature, or if your physical condition has caused a secondary service-connected mental condition (i.e., depression due to being in chronic pain), a psychologist or psychotherapist has specific information on how your disability affects you.

·         “Buddy Statements”—if your medical records have been lost (and it happens), a “Buddy Statement” is one given by friends, family, and/or fellow service members who can testify to your service-connected disability. For instance, a colleague who witnessed your disability when it happened is a strong statement verifying your claim. A friend or family member who is involved in your disability care can also verify your day-to-day difficulties and how the disability affects you now. A Buddy Statement can be used for physical or mental disabilities, or both. They are particularly useful when no records of your injuries were kept at the time they occurred.

·         Secondary service-connected disabilities—you may have just one form of disability, but two or three conditions that are less prominent than the first one. With medical evidence to support your claim, make sure any secondary conditions that came out of the primary condition one are listed and included with your claim.

Two Types Of Appeals

You can chose to have our appeal heard by a decision review officer (DRO) or by the Board of Veterans Appeals (BVA.)

If you chose a DRO, you can either request a review of your file and claim, or request a personal DRO hearing. Both offer a somewhat shorter waiting period.

If the DRO denies your claim, you can still appeal to the BVA, but it will take longer. The DRO is an additional chance for a reversal of your claim decision.

Information From the VA

The Veterans Administration website also lists a number of resources, that can help you with your appeal. Use this information when assembling your evidence and starting your claim.

Let Us Represent You

Denied by the VA? Don’t rely on someone who hasn’t had VA claims and appeals experience. We have. Call The Herren Law Firm today at 713-682-8194 (or use our online form) to schedule your free consultation. We’ve helped over 4,000 Houstonians navigate the VA’s complicated application and appeals process to get the benefits they deserve. There’s up-front fee and no obligation, and you won’t owe us a fee until we win your case.