You earned Veterans’ benefits if you were injured while serving in the U.S. military, whether it was a physical injury in combat or due to an illness on a training base. If you were denied the benefits you applied for, there may be a way to address it.

The Veterans Appeals Improvement and Modernization Act was meant to simplify a process that previously could take years. The Act offers alternatives after a claims denial that were not available prior to February 2019. However, these rules can still be confusing to most people. If the Department of Veterans Affairs (VA) turned down your claim, a Marietta Veterans disability benefits denial lawyer can assist you in fixing the problem.

Why Does the VA Turn Down Some Disability Claims?

Once a claim is denied, Veterans and their attorneys must understand what the issue was in order to try and reverse the denial. About one-third of denied first-time disability claims are for these reasons:

  • Failure to provide discharge papers, such as the DD214
  • Submitting proof of a disability without proof it was service-related
  • Proof of an exposure to a military-related toxin, such as Agent Orange, but no proof of a disability related to it
  • Failure to prove a connection between the disabling event and the disability; for instance, being unable to connect a gunshot wound to developing a heart condition
  • Failure to participate in the Compensation and Pension (C&P) examination arranged by the VA with one of its physicians

Some Veterans give up trying to secure benefits once he/she is denied but many of these mistakes can often be corrected. A Veterans disability denial attorney in Marietta can determine if there is a path forward and will do everything possible to reverse the denial.

Appeal Asking for a Higher-Level Review

Under the Veterans Appeals Improvement and Modernization Act, Veterans can ask for a higher-level review, which occurs when a second claims examiner is asked to review a claim that the first examiner denied. This could be beneficial if a VA-accredited attorney believes the first examiner did not understand what was submitted, even if the submission was a complete record that fulfills all requirements.

No additional evidence is allowed in a higher-level review. However, if the claim is further denied, Veterans can request a supplemental claim or judicial review with the help of a Marietta VA benefits denial attorney.

Supplemental Claims After a VA Denial

Supplemental claims ask for a more experienced person to review the original claim accompanied by new evidence the first examiner did not receive. The new evidence does not have to be recently discovered, only that it was unavailable to the original examiner. It could even support a new claim for benefits.

For example, if the VBA denies a claim for lack of nexus between the military and the disability, then supplemental evidence can include another opinion by a physician which states the injury or illness is more likely than not related to a military event. Our experienced Veteran denial attorneys work within the VA system to handle higher-level reviews and supplemental claims.

Get the Benefits You Deserve With a Marietta Veterans Disability Denial Attorney

When you are struggling to live or work because of a disability that was denied benefits by the VA, call the Fight4Vets team.

Our attorneys are honored to assist servicemembers having trouble with the claims process after applying for their earned disability benefits. Our mission is to ensure every Veteran we encounter can live his/her life with dignity, and with the benefits he/she rightly deserves. For a free consultation of your case, call a Marietta Veterans disability benefits denial lawyer as soon as possible.

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