So many veterans apply for the VA disability benefits they were promised while they were in the military or heard about later, only to receive a denial letter. It happens frequently to most veterans on their first try.
If this is you, chances are you’re feeling discouraged, especially if you’ve filed your initial claim. Many veterans (and their widows) give up after receiving a denial letter—please don’t give up.
A denial letter isn’t the end, it’s only a setback. There are many reasons your claim may have been denied; errors are the most frequent cause of claim denials. You have the right to appeal the VA’s decision, so take action to respond.
Why Your Claim Was Denied
Read the letter for an explanation. Most denials are due to errors or other administrative reasons. The letter will contain codes for claim denial that detail why the VA denied your claim.
The most frequent reasons for denying a veterans disability claim are:
- Incomplete information or misinformation
- Incorrect forms submitted
- Missed deadlines for submission of forms or scheduled medical appointments
- Non-service related ailments or disability
- A condition that does not qualify as a disability
- Medical evidence that does not qualify under the VA’s criteria
- Pre-existing conditions that were not worsened or exacerbated by military service
Coupled with the VA’s chronic understaffing and backlog of applications, a veteran disability claim denial is almost inevitable and leads to an appeal.
Options To Appeal Veteran’s Disability Decision
When you receive a denial letter, you have three options for filing an appeal:
- Notice of Disagreement (NOD), in which you notify the VA that you do not agree with their decision and intend to file an appeal. Here, you will notify the VA specifically why you believe they have made an incorrect decision and include that information in the letter. If your information is long or too specific you may be required to include new or additional evidence for your claim or file an entirely new claim.
- Higher Level Review (HLR), in which a senior rating specialist will review your appeal. In this case, the review will seek to overturn the original decision (denial). Use this if you do not plan to submit any additional evidence. Should the review reveal a “duty to assist” error, it will give the VA instructions on correcting this error. You can then submit additional evidence.
- Supplemental Claim, where you can submit additional evidence to your claim without bringing it to a veterans law judge at the Bureau of Veterans Affairs (BVA). You must file the supplemental claim within one year of the date of your denial letter to keep the same filing date of your original claim. Submit your additional evidence when you submit this claim.
Each type of appeal has individual nuances that should be observed. After filing your appeal, you must be prepared to wait because of the VA’s notorious backlog. Begin working with an experienced veterans disability attorney at the beginning of your appeal to ensure that everything is done correctly the first time.
Herren Law Helps Houston Veterans Appeal Veterans Disability Decision
Getting veterans disability benefits and back pay is a long, arduous process that takes patience as well as understanding the law. You do not need to handle your VA disability claim on your own. If your claim is denied, get immediate help to file your appeal from a veterans disability attorney.
William Herren is a veterans disability attorney who has helped more than 4,000 Houstonians get the benefits they deserve, including veterans. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You don’t owe a fee until we win your case.
