Denied veterans disability claims happen for a number of reasons. That’s why it is important to act fast and hire an experienced Las Vegas veterans disability lawyer to fight for your case. Contact our office today to arrange a free consultation. We will help you get the compensation you deserve.
Denied Veterans 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 Veterans 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. There are advantages and disadvantages to each option. If you choose the DRO path, you can have an appeals decision far more quickly than if you choose the BVA path. And if the DRO doesn’t change the VA’s decision, you can still appeal to the BVA. But if that happens, you will have ended at the BVA anyways and wasted all that time having a DRO review your appeal. Going straight to the BVA can therefore save some time assuming the DRO would have ruled against you. But if you decline to use a DRO, you will lose out on an additional opportunity for someone to reverse the VA’s original decision concerning your disability claim.
If you need help fighting a denied veterans disability claim, please contact our office today to arrange a free consultation. Let us help you get the compensation you deserve.