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Receiving a denial after applying for much-needed disability benefits from the Department of Veterans Affairs (VA) can be discouraging, especially if it is unclear exactly why the VA denied your application. Fortunately, even multiple denials do not mean the end of a claim, as all denied applicants have the right to appeal the VA’s decision up to three times.

If you believe the VA unfairly denied your application for benefits, you should contact a Charleston veterans disability appeals lawyer as soon as possible to start examining your options for obtaining approval. With potentially thousands of dollars in monthly benefits on the line, having support from a seasoned VA disability attorney is a virtual necessity.

Resolving a Claim Rejection without Appealing

Whether a denial stemmed primarily from a lack of evidence, lack of service-connection or a procedural error made when filing an application, providing additional documentation and/or correcting the error in an appeal may be necessary to get things moving in the right direction again.

Additionally, if an applicant does not agree with the disability rating assigned to their condition by the VA, filing an appeal may be the best course of action. An attorney serving the Charleston area can discuss a veteran’s circumstances in a private setting and offer guidance about what they should do next.

Steps in the VA Appeals Process

Disabled veterans generally have three opportunities to appeal a disability claim denial. Depending on when their claim was denied, they may be able to choose from all three options at any time. Otherwise, after being denied the first time, a former servicemember can submit a Supplemental Claim to provide new supporting evidence that came to light after the initial filing.

If the VA denies the Supplemental Claim, the veteran may request a Higher-Level Review from someone else at the VA. Notably, this option does not allow for the submission of any new evidence or additional documentation, and it is not possible to request such a review based on a denial issued after a previous Higher-Level Review or Board Appeal.

Finally, a former servicemember may request a Board Appeal after receiving a subsequent denial, which may involve:

  • Requesting a Veterans Law Judge (VLJ) to review their claim directly;
  • Submitting additional evidence for the VLJ to review; or
  • Requesting a formal hearing before a VLJ where they can submit additional evidence.

The filing deadlines for each appellate option may differ, so it is advisable for veterans to enlist the help of a Charleston lawyer when preparing to file their appeal.

Discuss Your Options with a Charleston Veterans Disability Appeals Attorney

Appealing a denied VA disability claim can be a high-stakes, legally complex endeavor. Even if you believe you have extensive evidence to support your denial being reversed, converting that information into a successful case result can be challenging without representation from dependable legal counsel.

Fortunately, the assistance you need is available from our Charleston veterans disability appeals lawyers with years of experience helping former servicemembers like you through their own appeals. Call today to learn more.

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  • Charleston, WV
    Jan Dils Attorneys at Law
    United Center | 500 Virginia St. E.
    Ste. 710

    Charleston WV   25301