Top Reasons Why the VA Denied Your Physical Disability Claim and How You Can Appeal
When the Veterans Affairs department assigns you a lower disability than you thought you had or denies you a disability rating, you do not have to worry or stop there. You have the right to appeal the disability rating, conserved through filing a Notice of Disagreement (NOD).
Unfortunately, you will only have limited time to appeal your ratings. To succeed in appealing your disability rating, you must identify errors you noticed in the VA’s decision. If you are late in submitting the VA disability appeal, you will need to submit a new claim which will mean a new VA appeal process.
Reasons why the VA denied your physical disability claim
Most of the disability claims are denied for the first time. Other times they are assigned a lower rating than what the veteran deserves. Some of the reasons for the denial and lower rating are; The VA
- Failed to provide you with a medical examination
- Unfairly denied service connection to your case
- Assigned you to a wrong rating
- Assigned your case the wrong effective date
- Denied the additional benefits that may be eligible for your case
Even with the above scenarios, stay persistent. Your claim may still be valid, and you can still be successful with the VA appeal process.
The VA disability appeal process
If you disagree with the overall VA decision or a portion of the rating decision, you have the right to appeal that decision. Often, errors are made in the decisions because of lack of or insufficient evidence or other issues that can easily be corrected. You will always have a deadline of one year to appeal your claim from the date on the notification letter.
To file a physical disability claim with the VA regional office that previously denied you the benefits you believed you deserved, you must fill and submit a Notice of Disagreement (NOD).
As you fill out the Notice of Disagreement, tell the VA that you disagree with their decision. It is unnecessary to highlight why you disagree with them on the Notice of Disagreement. In addition, if you go on to state the specific reasons, they will not help you in your appeal. Keep your explanations general so that if you forget to highlight an issue, you can add it to the appeal later.
In addition, tell the VA that you are appealing their decision but do not state the specific decisions you disagree with. Tell them you want to appeal their decision to deny you the physical disability benefits. Ensure you mention the date of the denial letter and use the words Notice of Disagreement conspicuously on your form.
After filling in the notice, sign it, create a copy that you will keep, and then send it to the VA Regional Office that sent you the denial letter.
After sending the notice, choose the type of appeal you want. You can choose a decision review officer (DRO) appeal with or without a hearing at your VA Regional Office. On the other hand, you can appeal directly to the Board of Veterans Appeals (BVA). However, if you choose the BVA, you must wait for the VA to issue you a Statement of the Case explaining their decision and how long it will take for them to send it. A DRO is faster than a BVA appeal. Besides, if a DRO does not grant you the desired benefits, you can later appeal your case to the Board of Veterans Appeals and await board of veterans appeals decisions.
Contact Vets National today and start Your VA Disability Benefits Claim Appeal
The delayed claims and appeals in the VA offices require that you start your VA appeal process as soon as possible. Contact us today for a smooth process. At Vets National, we shall assess the fault of the VA of your VA benefits decision. We will also ensure your appeal makes a persuasive and straightforward case, providing all the evidence from the start. We understand that each appeal has limited time, and we will ensure to work within those timelines.