4 Strategies to Overcome Your VA Disability Denial
If you’re a Veteran who is considering filing a VA Disability claim, you might look to the VA for guidance. The VA has a great website and even a blog written by a diverse group of Veterans that can provide a substantial amount of information. The VA, however, doesn’t talk much about how many Veterans seeking disability benefits are denied. From the information that the VA provides, it is easy to believe that the process is simple and that almost every Veteran gets approved. Unfortunately, that is not the case. You’ll probably be denied the first time you apply for VA Disability benefits. But don’t give up. Follow these four tips to help you file a successful appeal.
- File the appeal. This may seem obvious, but Veterans are often discouraged when they are denied. As a result, many Veterans don’t file an appeal. It takes a lot of courage to file a VA Disability claim. Many Vets struggle with the decision to file, and getting a denial brings many fears to reality. We understand why Veterans are hesitant to appeal their claims. Just getting the first decision can take over a year. So why would a Veteran want to file an appeal? We’ve represented thousands of Veterans who were denied, went on to appeal the decision, and eventually received a favorable decision. The majority of Veterans are denied the first time they apply. Some suggest the denial rate for first-time applicants is 85%.
- Get treatment. The most important aspect of any VA Disability claim is medical evidence. Medical evidence is what the VA needs to help prove that your VA Disability claim is valid. However, when you’ve been denied, you may become frustrated and no longer want to go to the doctor. That’s understandable, but continuous medical treatment is imperative for your VA Disability claims. Most Veterans are denied the first time they file for benefits. Those who are eventually approved are often those who keep going to the doctor.
- Review your C-File. If you have a copy of your Claims File (C-File), there is a good chance it’s a pretty big document. This file contains a lot of information and may seem overwhelming. However, your C-file is one of the best sources of evidence for your claim. It contains medical records, administrative records, entrance and separation exams, and practically every document from your time in service. The VA also has a copy of your C-File. So they have the same documents you do. However, the best arguments can be made for a favorable decision when specific pieces of evidence from your C-File are presented to the VA. Key pieces of evidence are often overlooked by the VA.
- Get help. Most Veterans aren’t aware of how complicated a VA Disability case is when they originally apply. While it is true that some Veterans are approved the first time they apply, or without any help, it’s rare. Seeking the help of someone like an attorney can be very beneficial. While no attorney or organization can speed up your claim, there are a lot of benefits of hiring an attorney. A law firm like Jan Dils, Attorneys at Law can help you file appeals, submit evidence, review your C-File, and guide you through the maze that is the VA Disability process.
The best advice for someone whose VA disability claim has been denied is to not give up. Most Veterans will be denied at least once. We’ve helped thousands of Veterans get the VA Disability benefits they deserve. If you would like to know more about what we can do for you, call us today for a free consultation. Our number is 1-877-526-3457. If you can’t talk now fill out this form so we can contact you at a better time.