Never Give Up: Vet Defender’s Guide to Appealing Denied Disability Claims

Your dedication and sacrifices in the service of our nation command our deepest respect and gratitude. At Vet Defender, we understand that the journey to securing Veterans Disability Benefits can be a challenging one, especially when faced with a denial. Since 2009, our VA accredited attorneys have been devoted to assisting disabled American Veterans like you. In this blog, we aim to provide guidance and support to veterans who find themselves facing denied disability claims. Remember, you are not alone in this journey, and there is hope.

Understanding the Denial

Receiving a denial on your disability claim can be disheartening and frustrating, but it’s essential to understand why your claim was denied. Common reasons for denial include:

  1. Lack of Service Connection:

The VA requires a clear connection between your disability and your military service. If this link is not established, your claim may be denied.

  1. Insufficient Medical Evidence:

Incomplete or inadequate medical documentation can lead to denials. The VA needs a comprehensive understanding of your condition, its severity, and how it affects your daily life.

  1. Administrative Errors:

Sometimes, claims are denied due to administrative mistakes or missing paperwork.

  1. Incomplete Information:

Failing to provide all necessary information or missing deadlines can result in claim denials.

The Appeals Process

If your disability claim has been denied, it’s crucial not to lose hope. The VA offers an appeals process that allows you to challenge the decision and present additional evidence to support your claim. The appeals process typically involves the following steps:

The appeals process for veterans seeking benefits through the U.S. Department of Veterans Affairs (VA) under the Appeals Modernization Act (AMA) is designed to provide a more streamlined and flexible system for veterans dissatisfied with their initial claims decisions. The AMA, which became effective on February 19, 2019, introduced several key changes to the appeals process to expedite decisions and offer veterans more choices in pursuing their claims. Here is an overview of the appeals process under the AMA:

  1. Supplemental Claim:

Under the AMA, veterans have the option to file a Supplemental Claim after receiving an initial unfavorable decision. With a Supplemental Claim, you can submit new and relevant evidence to support your claim. The VA will review this new evidence and issue a new decision.

  1. Higher-Level Review (HLR):

If you disagree with the decision resulting from the Supplemental Claim, you can request a Higher-Level Review (HLR). With HLR, your claim is reviewed by a more experienced VA adjudicator who will assess the evidence and make a new decision. However, no new evidence can be submitted during this review, and the decision will be based solely on the existing record.

  1. Appeal to the Board of Veterans’ Appeals (BVA):

If you remain dissatisfied after the HLR decision or if your claim is not granted in full, you can appeal to the Board of Veterans’ Appeals (BVA). You can choose to have your case reviewed by a Veterans Law Judge or opt for a direct docket review, depending on your preference. If you choose the direct docket, you waive the opportunity for a hearing but may receive a faster decision.

  1. Supplemental Claim (Again):

If you receive an unfavorable decision from the BVA or if you believe you have new evidence to support your case, you can file another Supplemental Claim. This process allows you to introduce additional evidence to your case. However, you cannot file another NOD after this step.

  1. S. Court of Appeals for Veterans Claims (CAVC):

If you disagree with the BVA’s decision or if your appeal is denied, you have the option to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). The CAVC is a federal court that reviews VA decisions for legal errors. To appeal to the CAVC, you must file a formal appeal within 120 days of receiving the BVA decision.

It’s important to note that the AMA offers veterans more choices and flexibility in pursuing their claims and allows them to seek faster decisions by submitting new and relevant evidence at multiple stages. Each option has its own advantages and limitations, and the best approach will depend on the specifics of your case.

Navigating the VA appeals process can be complex, so it’s often beneficial to seek assistance from a VA accredited attorney or Veterans Service Organization (VSO) to help you understand your options and build a strong case for your disability benefits claim.

Vet Defender’s Role in Your Appeal

Vet Defender is here to support you throughout the appeals process, providing guidance, expertise, and advocacy:

  1. Expertise and Experience:

Our VA accredited attorneys have been assisting veterans since 2009, accumulating a wealth of knowledge and experience in handling appeals. We understand the intricacies of the VA system and how to navigate it effectively.

  1. Personalized Guidance:

We take the time to understand your unique circumstances, tailoring our approach to your specific needs. We work closely with you to gather and present compelling evidence to support your appeal.

  1. Maximizing Your Benefits:

Our goal is to ensure you receive the maximum benefits you are entitled to. We will advocate on your behalf to secure a favorable decision and help you overcome the challenges posed by a denied claim.

  1. Compassionate Advocacy:

We are not just your legal representatives; we are your allies and advocates, dedicated to providing you with the compassionate support and advocacy you deserve as you navigate the appeals process.

Contact Vet Defender Today

Veterans, it’s essential to remember that a denied disability claim is not the end of the road. You have the right to appeal and present additional evidence to support your case. If you are facing a denied disability claim, please reach out to us at 855-312-5575 or via email at info@VetDefender.com.

Thank you for your service and sacrifices. Vet Defender is honored to serve you, and we are here to support you on your journey to secure the benefits you rightfully deserve.

The Vet Defender Team