When you have a disabling medical condition caused by your military service, you may qualify for disability benefits from the Department of Veterans Affairs. However, errors in a VA disability claim may lead to the denial of your application. Fortunately, the VA offers an administrative appeals process that allows you to challenge a denial by presenting additional information or arguments to support your claim to disability benefits.
Common Reasons for VA Disability Claim Denials
Some of the most frequent reasons why the VA denies disability benefits claims include:
- Insufficient medical evidence to establish the existence of a diagnosable medical condition
- Lack of evidence to establish a service connection (proof that a condition occurred due to military service)
- Incomplete application paperwork
- Failure to respond to requests for additional information
- Failure to attend a compensation & pension (C&P) exam
Understanding the VA Appeals Process
The Veteran Appeals Improvement and Modernization Act of 2017 established the current VA administrative appeals process for benefit claims. The act modernized the appeals process by improving notification of VA decisions and providing quicker claim resolutions. Veterans typically have one year after receiving an initial decision on their disability benefits claim to pursue an administrative appeal. However, veterans may file a supplemental claim at any time under certain circumstances. Depending on the type of appeal, a veteran can submit additional information not considered during the initial review of a disability benefits application, have another claims reviewer take a fresh look at the application, or request a hearing before an administrative law judge experienced in veterans’ law and VA regulations.
Appeal Options for a Denied VA Disability Claim
The VA’s administrative appeals process offers three options for challenging the denial of a VA disability claim:
- Supplemental claim: A veteran who has new, relevant evidence not previously considered by the VA may submit a supplemental claim to have a claims reviewer decide whether the new evidence should change the VA’s decision.
- Higher-level review: In a higher-level review, a more senior claims reviewer will review the veteran’s claim anew. A veteran may not submit additional information or evidence during higher-level review.
- Board appeal: A veteran may appeal a denied disability benefits claim to the VA’s Board of Veterans’ Appeals. In a board appeal, a Veterans Law Judge will review the claim via direct review (the judge reviews the case without additional evidence), evidence submission (the veteran submits additional proof), or a hearing (the veteran can present evidence and arguments in support of their claim).
After exhausting the administrative appeals process, a veteran can appeal the denial of their disability benefits claims to federal court by filing an appeal with the Court of Appeals for Veterans Claims.
Best Practices When Appealing a VA Claim
Veterans can give themselves the best chance of success in an appeal of a denied VA disability benefits claim by taking steps such as:
- Carefully reviewing the VA’s decision letter to understand the reason(s) for the denial of their disability benefits claim
- Understanding the pros and cons of each administrative appeal option to determine the most suitable option under the circumstances of one’s case
- Gathering additional medical evidence, service records, or buddy statements, if available
- Meeting appeal deadlines
- Responding to the VA’s request for additional information or documents
- Working with an experienced VA disability benefits attorney who can advocate on a veteran’s behalf and help them prepare a compelling case to support their appeal
Contact a VA Disability Lawyer Today
After the VA denies your disability benefits claim, you may have the right to appeal that decision and pursue the benefits you need. Contact Veteran’s Legal Center today for a free, no-obligation consultation with a VA disability benefits attorney to discuss your legal options for appealing when the VA denies your initial disability benefits application.