What to Do If Your Veterans’ Disability Benefits Have Been Denied

What to Do If Your Veterans’ Disability Benefits Have Been Denied

Every day, countless veterans in the United States face denied disability benefits applications. If this has happened to you, the important thing is to not give up. Numerous reports and news articles have shown the VA’s evaluation process to be fraught with error. With a strong appeal, you may be able to obtain the benefits you deserve.

There are steps you can take today that will increase the chances of a favorable outcome in your veterans’ disability application. If your claim has been denied, call an experienced Charleston veterans’ disability lawyer, and take the following steps.

Don’t Give Up

The biggest mistake you can make on your application for disability benefits is to give up after your first rejection. Rejections made in error are all too common with the VA. In fact, the Center for Investigative Journalism has found that the error rate in processing applications is as high as 38%. Appeals boards have shown that they will acknowledge these errors. In 2011, 29% of appeals led to the board overturning the agency’s initial decision. Filing a clear and accurate appeal can help increase these odds of success.

Gather Facts

When you receive the decision packet detailing the VA’s denial of your benefits, your first step should be to read these reasons in detail and gather any facts you have contesting them. Try to answer the following questions:

  • Why was your claim denied? The VA denies disability claim applications for a range of reasons, including a lack of sufficient medical evidence, a lack of evidence showing that the disability was connected to military service, or by assigning a disability rating too low for benefits claims.
  • What evidence do you have to contest this? You may know that you deserve veterans’ disability benefits. The challenge is in finding the documentation to support this. Detailed records of your military service, reports from doctors, and contextual events surrounding your disability can all aid and support your appeal.
  • Are there any obvious errors? Sometimes, the error the VA made in a denial is abundantly clear, such as incorrect dates of military service or inaccurate medical records. If you see obvious errors, you will want to address them in your appeal.

Every veterans’ disability claim is different. To ensure that your appeal is properly considered, you must build a clear and compelling case for the appeals board to review.

Get the Help You Need

You need disability benefits to pay your bills, put food on the table, and achieve financial stability. That’s why it is essential to have qualified help from an experienced legal advocate through your appeals process. A qualified veterans’ disability attorney can meticulously review your claim denial, prepare an appeal, and effectively guide your case through the legal system.

At Klok Law Firm LLC, we help military veterans and their families obtain the disability benefits they rightfully deserve in appeals cases. To talk about your case with an experienced Charleston attorney, contact us today.

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