Present your case before a Veterans Law Judge for a formal decision.
Denied VA Compensation
The Why’s & What’s
A denied VA Compensation claim can be gut wrenching, it can feel like a setback, but it’s not the end of the road. If you’ve been denied VA compensation, you are NOT alone. Many veterans face rejections for VA benefits due to numerous reasons, reasons ranging from misunderstandings of eligibility to incomplete medical evidence, and often administrative errors by VA adjudicators.
With that said, a denial isn’t cast in stone nor does it mean that the process is over, you have options to appeal and fight for the benefits you rightfully deserve. What are some reasons your VA claim was denied? Let’s break it down.
Common Reasons VA Claims Get Denied
Lack of medical evidence connecting the disability to service A missed Compensation & Pension (C&P) exam
Errors in paperwork or missing documentation
VA misclassification of disability severity
Poor or inadequate exams by VA exam contractors
Failure by VA to review the evidence at hand
You may be asking yourself “Why was my VA claim denied?” and “Now what?”
How Do I Appeal a VA Disability Claim?
Your Appeal Options:
Higher-Level Review
A more senior VA adjudicator re-examines your claim without new evidence.
Supplemental Claim
Submit additional medical records or service documents.
Board Appeal
How Long Do I Have to Appeal a Denied VA Compensation Claim?
When a VA compensation claim is denied, veterans have specific timeframes to submit an appeal based on the type of review they choose. Acting within these deadlines is crucial to maintaining eligibility for benefits without having to restart the claims process.
Higher-Level Review:
Must be filed within one year of the denial.
Higher-Level Review:
Can be filed anytime with new and relevant evidence though ideally filed within a year to maintain continuous pursuit and best effective date.
Board Appeal:
Must be requested within one year of the decision.
What We Can Do for You
Appealing a denied VA compensation requires extensive legal knowledge and a strategic approach. We understand the VA system inside and out and we’re at the forefront in helping veterans challenge unfair denials and maximize their VA benefits.
That’s what we can do, and will do for you; fight for the compensation you’ve earned!
NOVA MEMBER
National Organization of Veterans Advocates
Court Of Appeals For Veterans Claims Bar Association