Even if you realize that a majority of VA disability claims get denied, it can still be disheartening to receive that letter in the mail that officially informs you that the VA will not be paying your claim. That same letter should provide you with some details as to why the VA has denied your claim. Although the wording may not be clear, it is crucial that you understand why the VA is saying it is denying your claim so that you can properly appeal the denial.
Why Your VA Claim Was Denied, and What to Do About It
The VA is tasked with evaluating claims on the merits of each claim; however, this does not mean that the VA does not often deny different claims for the same reasons. Some of the reasons for denial that appear most frequently in denial letters include:
Your Records Do Not Reveal a Specific Current Diagnosis
To be eligible for VA disability payments, you must have one or more conditions that have been diagnosed by a medical provider that, individually or combined make it so you cannot work. Simply alleging that you “feel bad” or that working is “difficult” for you, without tying that reason to a service-related condition, is not going to be sufficient.
Additionally, a past diagnosis from which you have fully healed will not support a claim for benefits. You must be currently impacted by the disability to be eligible for benefits.
If this is the reason for your denial, visit with an experienced VA disability lawyer. You may only need to supplement your claim with updated information and records to gain approval. But if there are no such records, you may not be entitled benefits and any appeal effort would be fruitless.
Your Timing Was Off
You can apply for disability benefits at any time, up to 180 days before you leave the service. But waiting to file until you have partially or fully healed may make you ineligible for the benefits you would otherwise be able to receive. Additionally, missing deadlines for submitting information or appealing does not necessarily mean you can never apply for benefits again in the future. But it does mean your claim may be closed and you would need to start the process over again.
You Missed Your Compensation & Pension Exam
Your compensation & pension exam, referred to as your VA claim exam or C&P exam, is an important part of applying for benefits. This examination tells the VA whether you do suffer from a service-connected disability. Missing this appointment means that the VA does not have a complete picture of your disability and therefore cannot make a favorable decision on your claim.
Missing your C&P exam can result a denial of your claim, causing you to go back and start the process over. Having to do this means you may miss out on some back pay you would have otherwise obtained.
Contact Veterans Law Attorneys Today If Your Claim Has been Denied
If you do not understand the reason given by the VA in its letter for the denial of your claim, visit with a VA disability appeal lawyer from Veterans Law Attorneys and ask them to explain it to you. We will help you understand the VA’s reason for denying your claim and what your next steps should be.
You can reach Veterans Law Attorneys by calling us at (866) 894-9773 or by visiting us online.
