Many people dedicate their lives to military service, only to see their claim for disability denied. These denials are difficult, as disabled veterans are often unable to work or meet their own basic needs. However, there are options available for dealing with a denied claim.
If you served in the military and have had your disability claim denied, there is an appeals process available to you. It is important to note that appeals are often successful. With the help of an experienced attorney, you could get the positive outcome you deserve. Let a Huntington veterans disability benefits denial lawyer review your case and assist you with your appeal.
Over the years, the VA has found countless reasons to deny disability claims made by veterans. These denials can happen for a variety of reasons, but some of them are without merit. A local disability benefits attorney could review the circumstances surrounding a denial and advise a veteran on their options.
There are times when the VA will require something known as Compensation & Pension—or C&P—exams. These medical exams are part of the process of securing benefits. The failure to appear at a scheduled exam could result in the denial of a claim.
Proving that a disability is connected to a service-related event can be the most challenging part of the claims process. The failure to do so is a common reason for denial.
One of the common excuses the VA makes for denying a disability claim is the lack of evidence. This could be a lack of evidence that the condition a veteran suffers from is a recognizable disability. There could also be a lack of evidence that ties the condition to their active-duty service.
If a veteran’s disability claim is denied by the VA, they have the right to file an appeal. There is a time limit on the right to appeal, which expires one year from the date a veteran receives their denial letter. Any appeal filed after this date is likely to be denied. In addition to keeping track of the necessary deadlines, a Huntington lawyer could assist with every aspect of appealing a veterans disability benefits denial.
The process of appealing a denied claim starts with filing a document known as the Notice of Disagreement. Commonly referred to as the NOD, this document must be drafted and filed with the appropriate VA Regional Office. The NOD should spell out why the veteran disagrees with the decision.
There are different options available when it comes to appealing a veterans disability denial. A veteran can request that a decision review officer—or DRO—review the case. This could involve an additional hearing or not. Alternatively, there is also an option to appeal directly to the Board of Veterans Appeals. A knowledgeable lawyer could further discuss these options with a veteran in Huntington after a disability benefits denial.
Receiving notice that your disability claim has been denied can be disheartening. While this is a setback, it does not mean your opportunity to secure benefits is gone.
If you are dealing with a denial, seek out legal counsel to fight for your rights and represent your best interests. Contact a Huntington veterans disability benefits denial lawyer today.
