What Happens After the VA Denies Your Disability Claim?

When your VA claim is denied and that letter arrives, it can be devestated. A lawyer with experience helping veterans here in Chicago, IL can help you access all your rights and get through the processes required to challenge this decision.

What Happens After Your VA Claim Is Denied

Your decision letter from the VA should explain the exact reasons for the denial, list the evidence they considered, cite the laws and regulations applied, and note any gaps they believe exist in your case or the evidence. Your lawyer will take time to read every section and all enclosed forms and instructions and then help you understand what to do next.Bear in mind that to protect your potential effective date for benefits, you generally need to act within one year from the date that’s stamped on the letter, and missing that window could require you to start over with a new claim. If you’re feeling overwhelmed or don’t know what to do, talking to a lawyer as soon as possible is always a smart choice.Under the current system, you can typically choose from three main review options.

Supplemental Claim

With a Supplemental Claim, you submit new and relevant evidence that the VA has not seen before. This could be a new medical opinion, updated treatment records, or a buddy statement describing events you experienced during your service.The VA can even help you gather records you identify, such as from private doctors or federal facilities, as long as you provide the necessary authorizations.

Higher-Level Review

If you believe the original decision contained an error, and you have no new evidence, you can request a Higher-Level Review. A more senior reviewer will then look at your file with fresh eyes to check for mistakes in how the law was applied or how the evidence was weighed.You cannot add any new documents if you choose this route, though, but you can ask for an optional informal conference. That will usually be a phone call where you or your representative can point out the specific factual or legal errors you believe have been made.

Board of Appeals Review

The third option sends your case to the Board of Veterans’ Appeals for review by a Veterans Law Judge. You pick one of three lanes when you file:

1. Direct Review (where the judge looks only at existing evidence
2. Evidence Submission (where you add new material to be reviewed)
3. Hearing (where you speak directly with a judge virtually, at a regional office, or in Washington, D.C. and can also submit new evidence)

If You’re Still Denied

If the review still results in a denial, you have options, and your lawyer can help you explore all of them. You can, for example, file another Supplemental Claim if you have some fresh evidence, or you can request a different review lane. You can also appeal to the U.S. Court of Appeals for Veterans Claims.

Talk to a Chicago, IL Attorney With Experience

Many veterans have successfully overturned denials, and we can help. Contact the Comerford Law Office in Chicago, IL at 312-863-8572 today for help and advice. 

Posted in Blog | No Comments »