Claimants for veterans disability are often confused if their claim is denied, they don’t know whether to start all over with a new claim or appeal the decision. If you do start from scratch and you are awarded benefits the back pay will only be dated back to the date you reapplied, not the date when you filed the original application.
Deciding which approach to take can be tricky, with the nuances of VA law and rules it is always a good idea to get the opinion of a veterans benefit attorney.
Time for an appeal:
If your claim is rejected you are given a year from the date of the rejection letter to file an appeal, if you miss this window of opportunity you may have no option but to reopen the claim unless you can prove a clear and unmistakable error.
Through the eyes of the VA there are three types of claims, they are:
* A new claim
* A claim for review based on clear and unmistakable error, or
* A reopened claim which includes new material evidence
Within the year that is granted for you to decide the appropriate approach, if you strongly believe your claim is valid and should be approved, the best solution is to appeal.
If you are considering claiming that there is clear and unmistakable error or you have new material evidence to support your claim you should discuss your options with a veterans benefits attorney.
Reopening a denied claim:
In many cases new and material evidence is unearthed, in cases such as this it is best to appeal or reopen the claim. New evidence is that which was not originally considered by the VA. If the claim was denied because of a lack of connection to your years in service resolution in your favor often happen if you can provide a witness statement. If the claim was denied was based on your condition it often helps if you can provide the VA with new medical evidence or opinion which supports your claim.
If your claim for benefits was denied you should discuss your next move with a seasoned veterans benefits attorney. To understand your options you are invited to discuss your claim with Jackson & MacNichol Law Offices.
