VA disability compensation claims often get denied for a variety of reasons. Fortunately, these denials can be reversed through appeals or filing a supplemental claim with the VA. Also,
an attorney can provide crucial assistance in cases of VA Disability Compensation Claim denial by offering expertise in navigating the complex appeals process and advocating for veterans’ rights. To avoid denying your claim, ensure you have sufficient proof that your current disability is linked to service-related incidents and injuries. Direct language in doctors’ recommendations and a C&P exam will help you have an improved chance of having your claim approved.
Lack of Evidence
If the VA cannot establish that your condition is connected to your service, it will deny your claim. This is why it’s so important to work with a veterans disability attorney throughout the process, especially in the beginning.
You can provide additional medical evidence to the VA to help your claim. This can include any doctor recommendations and should contain direct language explaining how the service caused the illness/disability. It should also be accompanied by supporting documentation. Providing these documents will be useful in requesting a higher-level review from the VA. This will ensure that your case is given a thorough inspection. For instance, you can learn more at Berry Law and how an experienced attorney can assist when facing a VA denial in your disability compensation claim.
It is important to have the proper documentation when applying for veterans’ disability compensation. This includes having the right medical evidence and a clear diagnosis. A diagnosis must include the specific symptoms and how they relate to your service-connected injury or condition. Having a doctor review your C-file and submit a written statement regarding your claim is also important. If you have new information that you did not submit in your initial claim, such as Buddy letters or additional medical records, you can file a supplemental claim. This will provide another opportunity for the VA to look at your case and make a decision.
Errors on the VA’s Part of the Claim
If the VA makes a mistake in reviewing your claim, it can result in a denial. This may happen if they incorrectly apply the regulations or laws at that time. One common error the VA can make is failing to identify a diagnosis for your disability. It can also occur when they fail to schedule a Compensation & Pension Exam (C&P exam) or if the exam they arranged is not with a qualified doctor. These errors typically qualify veterans for a Higher Level Review, or HLR. In this process, a more senior claims adjudicator will take another look at the forms and evidence submitted to the VA. However, they cannot add any new records to the case.
Mistakes on Your Part of the Claim
Veterans must submit a lot of information when applying for disability compensation. Sometimes, this leads to errors. You must complete all of the deadlines or send a form incomplete, or it could slow down your claim or result in a denial. A doctor’s diagnosis is the most important part of your disability claim. If you suspect that you have PTSD or another condition but do not have a diagnosis from a medical professional, your claim may be rejected.
You can appeal by filing a supplemental claim if you find new evidence after your denial. This will bring in a different reviewer to re-evaluate your case.
Failure to Attend Your C&P Exam
The C&P exam is an important part of any disability compensation claim. It is designed to provide VA examiners with the necessary information to rate your disability accurately. You must attend your C&P exam if you are scheduled to have one. Please treat with a good reason to avoid a denial of your claim. Be sure to bring a copy of your claims file for the examiner. This will help ensure the doctor has completely reviewed all the evidence in your claim. You should also bring any additional proof that you may have yet to submit previously.
Inadequate Proof of Service
For a disability claim to be processed, it must be based on concrete evidence, such as a diagnosis. This can be a problem for veterans suffering from mental health problems, such as PTSD. A veteran may suspect they have PTSD, but their VA claim will be denied unless they get a formal diagnosis from a medical doctor. A medical professional must directly diagnose your condition and explain how it relates to what happened in service. This type of language is what VA examiners look for when examining claims. The right VA-accredited attorney can help you understand your claim and its deficiencies to prepare a strong appeal.