Has your initial claim for VA disability benefits been denied? If so, you should know that an initial denial does not mean you will never get the benefits you deserve. Rather, you have the right to file a VA disability appeal to address errors or oversights that may have led to an unfavorable decision on your claim.
Here’s what you need to know about the process and how a VA disability appeals lawyer can help you navigate it effectively.
Understanding VA Disability Benefits
The Department of Veterans Affairs offers monthly financial payments and other benefits to veterans with a service-connected medical condition affecting their minds or bodies. Veterans may qualify for disability benefits if they have a current medical condition, served on active duty, active duty for training, or inactive duty training, and received an honorable discharge. Furthermore, the veteran’s condition must meet at least one of the following three criteria:
- The veteran got sick or injured while serving in the military and can connect their current medical condition to that illness or injury
- The veteran had an injury or illness before joining the military, and their service made it worse
- The veteran had a disability related to their active-duty service that did not manifest until after leaving the military
Given the strict criteria for a medical condition to qualify for VA disability benefits, many veterans have their initial claims denied by the VA. Some veterans who have their claims approved receive a disability rating (which determines the level of benefits) lower than the veteran expected.
Fortunately, the VA allows veterans to appeal unfavorable decisions. VA claims reviewers can make mistakes or oversights that inadvertently lead to an incorrect decision on a veteran’s disability benefits claim. Filing an appeal ensures that veterans receive the benefits they deserve.
The VA Disability Appeals Process
The VA disability appeals process begins with the administrative decision review process in the Department of Veterans Affairs. In this administrative process, a veteran has three options for seeking further review of an unfavorable decision. If a veteran does not receive their desired result after choosing one option, they can pursue further review in the other two options. The three review options include the following:
- A Supplemental Claim allows a veteran to submit additional relevant evidence that the VA didn’t consider in its initial review.
- A Higher-Level Review allows a veteran to request a new review of their claim by a higher-level review; the veteran may not submit supplemental information or documentation.
- A Review by the Board of Veterans’ Appeals allows a veteran to request a review of their claim by a Veterans Law Judge with expertise in veterans’ disability law.
When a veteran receives an unfavorable decision from the Board of Veterans’ Appeals, their next option in appealing the denial of their disability benefits claim involves filing an appeal with the U.S. Court of Appeals for Veterans Claims (CAVC).
Whereas the Board of Veterans’ Appeals is an administrative body within the Department of Veterans Affairs, the CAVC is a federal court with exclusive jurisdiction over appeals of decisions from the Board of Veterans’ Appeals. The CAVC usually decides appeals based on the record developed in the VA administrative process and written briefs submitted by the veteran and the Secretary of Veterans Affairs, the opposing party in all CAVC appeals. Sometimes, the CAVC may invite the parties to present oral arguments.
If the CAVC denies a veteran’s appeal, the veteran may further appeal to the U.S. Court of Appeals for the Federal Circuit. If the Federal Circuit also rules against the veteran, their final avenue of appeal involves filing a petition for writ of certiorari with the U.S. Supreme Court to ask the Court to hear the veteran’s appeal. However, the Supreme Court declines to hear appeals for most of the petitions submitted to the Court.
Role of a VA Disability Appeals Lawyer
A lawyer for VA disability appeals advises veterans of their appellate options after receiving an unfavorable decision. Your attorney can help you understand the differences between supplemental claims, higher-level review, and review by the Board of Veterans’ Appeals, the advantages and consequences of each option, and which option might be best for you. When an appeal fails to obtain a favorable decision for the veteran, a lawyer can explain your legal options.
A lawyer’s role in a VA disability appeal also involves building a compelling case to give you a favorable chance of success. This includes investigating your claim to find supplemental evidence and developing legal arguments in favor of your right to benefits. A lawyer can also present oral arguments in a hearing if your appeal involves one.
Common Reasons for Denied VA Disability Claims and How a Lawyer Can Help
Some of the top reasons why the VA denies veterans’ disability benefits claims include the following:
- Incorrect or missing information on the application
- Inadequate medical documentation of the veteran’s condition
- The veteran’s condition does not qualify as a disability (it does not adversely affect the veteran’s mind or body)
- The veteran’s condition does not qualify as “service-connected”
- The veteran has a pre-existing (pre-military) condition, and their military service did not make it worse
- Failure to respond to requests for additional information/documentation
- Failure to attend a C&P (compensation and pension) exam
- Rejection of credibility of the veteran’s medical evidence
- The veteran received an other-than-honorable or dishonorable discharge
A lawyer can do the following to help you pursue an appeal after the denial of your disability benefits claim:
- Reviewing the VA’s decision notice to understand the reason(s) for the VA’s decision
- Evaluating your options for challenging an unfavorable decision, based on the VA’s stated reasons
- Gathering supplemental information and documentation to address deficiencies in your claim highlighted by the VA’s decision
- Determining which avenue(s) of appeal to pursue
- Drafting a compelling written argument in support of your appeal
- Advocating your case in administrative appeal hearings or court if the appeals process goes that far
Contact a VA Disability Appeals Attorney Today
If the VA has denied your initial application for disability benefits or assigned you a low disability rating, you can appeal that decision with the help of an experienced VA disability appeal attorney. Contact Disability Law Group today for a free, no-obligation consultation. Discover how our firm can help you seek the financial benefits you need and deserve through your military service.
