The U.S. Department of Veterans Affairs provides disability benefits to veterans. These monthly payments provide financial compensation to injured servicemen and women. However, some disability claims may be rejected. If you are feeling frustrated over denied VA disability claims, contact our experienced Ventura injury attorneys today to schedule a free consultation and get the help you deserve.
Denied VA Disability Claims | Reasons
A disability claim can be denied for any number of reasons. Sometimes the veteran made a mistake in his or her application. Other times, the VA didn’t notice a key fact or didn’t fulfill its legal duty to gather evidence to help the veteran prove his or her claim. Some common reasons for denying the claim include:
- The veteran doesn’t show up for a compensation and pension examination. Sometimes this is the veteran’s fault, but other times, the VA schedules exams that are difficult for the veteran to attend or don’t even tell the veteran that an exam has been scheduled.
- The VA thinks the veteran’s doctor is lying.
- The veteran didn’t provide sufficient evidence of an injury that occurred during military service.
- The VA believes the disability is unrelated to military service.
- The VA doesn’t think the veteran is disabled.
Whether the VA made a mistake in the claim denial or the veteran didn’t provide the necessary information, a denial or ratings decision can be appealed.
Denied VA Disability Claims | Filing an Appeal
The appeals process takes at least several months to complete, but in many cases, it can take much longer. The first step is to file a Notice of Disagreement (NOD). The NOD serves as notice to the VA that you disagree with its decision regarding your disability claim. You must file the NOD within one year after the disability claim decision was mailed to you, not when you received it. You must send the NOD to the regional VA office that sent you the decision letter for which you are appealing. Next, you’ll need to decide what kind of review of your appeal you would like. You can choose between having a decision review officer (DRO) or the Board of Veterans Appeals (BVA) review your appeal.
Contact our Ventura veterans disability lawyers today to arrange a free consultation. We can’t stress enough how thankful we are for the service you have provided our country. Let us return the favor by making sure you are fully compensated for your bravery. Call us today.