Appealing A Denial Of Your VA Disability Claim

If you are disabled due to a service-related injury, you have the right to claim benefits from the Department of Veterans Affairs. Often, the initial claim is denied. If this should happen to you, do not be disappointed, the VA has a very high error rate. When your claim is denied you will receive details of the decision and this is an ideal time to discuss the possible action with a lawyer for VA disability claim. You have the right to dispute all or a part of the decision. Do not look for immediate results, the entire process is complicated and can take a considerable amount of time. Its important to bear in mind that many initial claims are denied, only to be overturned upon appeal.

High denial rate:

The VA does not try to hide the fact that they make errors, lots of them, during their evaluation of claims. The Department of Veterans Affairs admits to an error rate of 14 percent. However, independent reporting groups have found the rate to be closer to 38 percent.

Reasons for denial:

Having your claim denied does not mean that you are not eligible for veteran’s benefits. The denial often results from misunderstanding the details of the application; it can also result from your not providing the VA with sufficient detail for them to make an accurate assessment. There are some common reasons for denial including:

  • Insufficient medical evidence to support your claim
  • Not being able to tie your disability to your military service
  • The assignment of a rating that is less than what it should be, based on the degree of disability
  • Finding that your disability was pre-existing

When you engage the professional services of a lawyer for VA disability claim denial, you stand a very good chance of winning on appeal.

A lawyer for disability claim denial can help you identify weaknesses in your claim that will help get the initial decision overturned upon appeal. Contact Jackson & MacNichol, Attorneys at Law for assistance.

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