Jan Dils
You served your country honorably but sustained a military-related injury or illness. You know you are entitled to benefits, depending on your disability rating.. But, if you have applied and your claim has been denied, what do you do next?
Your VA-accredited attorney will assess your claim to determine what reasoning the VA relied on to deny it. Filing a Supplemental Claim or a Board Appeal to a Veterans Law Judge allows you to provide new and compelling evidence to defend your position. Learn more about the types of evidence that can be strong enough to successfully appeal a denial.
Remember, to retain the effective date for your benefits, if your appeal succeeds, you must submit relevant additional information no later than one year after receiving your decision letter. You can still appeal after that date, but you could lose a lot in back benefits.
The foundation of all VA benefits claims is medical evidence that proves a service-related injury. Your current medical records from your treating physician hold weight, but you can emphasize the full extent of their effects through test documentation, as well as information on your pain levels, limited range of motion, and how your daily activities suffer. Independent Medical Opinions (IMOs) from qualified medical professionals could confirm that your injuries are “at least as likely as not” to be caused by your military service, which is the baseline for approval on appeal. IMOs should give a detailed account of how and why the physician believes there is a connection between your condition and military service.
Lay Statements can be powerful proof of your condition. These may come from a fellow service member who witnessed the cause of your disability, and should be detailed accounts that include a time and place in each situation. You should also offer a statement about how military-related disability affects your life. Your family and friends may submit their accounts of your struggles and restrictions attributed to the injury or illness.
Even if you were not diagnosed with the condition you are appealing while serving on active duty, your service records that document the injuries, treatments, or even complaints, can support your current appeal. For instance, your personnel records concerning your deployment location can corroborate how your current issues are related to known exposures.
Fight4Vets is the largest Veterans assistance law firm in the country. We do not take a denial of your disability benefits as final, and there are multiple kinds of evidence that can be strong enough to successfully appeal an initial denial. If you served honorably and contracted a related illness or injury, we fight tenaciously to secure your future. Call now for a free case evaluation from anywhere in the U.S.
