According to the Center for Investigative Reporting, the VA makes errors on approximately 35 percent of the claims that are made for disability benefits. If your claim is rejected, you could easily be amongst these applicants that are denied due to errors on the part of the DVA. You have every right to appeal the adverse decision for whatever reason, you have one year in which to do this. The common reasons why applicants appeal are:
- There is a dispute over whether there actually is a disability
- There is a dispute over whether the disability is directly related to your military service, or
- There is a dispute over the level of disability
What should you include when you appeal?
When you reach the appeal stage you should consider hiring a seasoned VA disability claim attorney, your attorney will help and guide you on what evidence you should provide when the appeal is lodged.
If the DVA accepts the fact that you are disabled but they dispute that it is directly connected to your years in service, you need to seek a medical opinion that makes the connection. Many veterans will call upon their “buddies” from their unit to make a statement and help document your disability.
Whatever it is that is in dispute, include as much supporting detail as possible. If you have treatment records make sure you provide them as evidence along with the details of the physician that treated you.
Most claimants hire a VA disability claim attorney:
Studies have shown that veterans that are appealing denial of the claim for disability benefits have a far better chance of success than those that “go it alone.” Of course you are not obliged to have an attorney but there is sufficient evidence to support the fact that having an attorney is very beneficial.
If your claim for VA disability benefits was only partially approved or not approved at all you should consider the benefits of hiring a qualified VA disability claim attorney. To discuss your case in detail you are invited to contact Jackson & MacNichol, Attorneys at Law.
