How To Avoid Having Your VA Disability Claim Denied
The U.S. Department of Veterans Affairs denies 35% of claims each year. When you need VA disability, that’s not a statistic you want to hear. How can you avoid having your VA disability claim denied? Sarphie Law explains.
How Do I Avoid VA Disability Claim Denial?
To avoid a VA disability claim denial, make sure your application is complete and correct. It must contain the medical information needed, be consistent, and identify a disability that qualifies for benefits. Clearly read the instructions provided with the application. Provide the needed information and supporting documents.
My VA Claim Was Denied—Help!
VA claims fail for three reasons:
- The application process. There is a process to file for VA benefits. Errors—even honest, simple errors—can mean having your VA claim denied.
- Incomplete medical information. You must establish that you have a disability with a qualifying impairment rating. A lack of evidence can prevent claims examiners from approving your benefits.
- No service connection. Claims are denied if they are for a pre-existing condition or if there is no connection with military service.
To avoid a denied VA claim, you must understand the common reasons that claims are denied and ensure that your case is strong.
Common Reasons VA Disability Claims Are Denied
- Dishonorable discharge
- No clear and conclusive diagnosis
- Lack of supporting treatment records
- No connection to service
- Pre-existing condition
- Missed examination
- Low disability rating
- Clerical errors in the application process
- Not qualified for the specific benefit applied for
- The applicant has recovered fully
Steps To Ensure Your VA Disability Claim Is Strong
Complete forms completely and correctly
To apply for VA disability, you must submit VA Form 21-526EZ. You must also identify and complete any additional necessary forms like VA Form 21-4142 for the release of medical information. There are additional requirements if claiming dependents and for several other special circumstances. You must also provide your Certificate of Release or Discharge from Active Duty or other separation documents.
The application asks for your demographic information, any previous claims filed, toxic exposures or hazard locations, disability, event, or exposure, an explanation of relation to service, service details, and date of disability. You will summarize the treatment. Errors or omissions in the application can make it difficult for examiners to verify your application and grant approval.
Provide medical documentation
You need to prove that you have a qualifying disability and that it is service-related. You may support your claim with VA treatment records, private medical records, and factual statements from friends, family, and other witnesses.
Submit supporting documents
Depending on the benefits that you’re asking for, there may be additional forms to complete. If you’re seeking compensation based on unemployability, there are additional forms. There is a supplemental form for claims based on PTSD and other mental health disorders. Other forms must be submitted for automobile allowances and adaptive-equipment grants. A strong claim must apply for the appropriate benefits by submitting the necessary supplemental documents.
Apply at the right time
There isn’t a deadline to make a post-service VA disability claim. However, there are timelines that may impact you. For example, you may file a pre-discharge claim through the Benefits Delivery at Discharge (BDD) program. Certain chronic conditions must start within one year after discharge from active military service. You have one year to provide supporting documents for an application.
Application time can make a difference when it comes to approval. You need evidence that you have a disability and that it is service-related. You may need time to gather this evidence. However, you can wait too long. If your medical condition has resolved by the time you apply, it may mean rejection.
The Importance of Clear Service Connection Evidence
For a VA disability claim to succeed, the disability must be related to service. That means establishing a clear service connection. Sometimes, the connection is presumed. Even if that’s the case, you must submit the documentation to show that you qualify for the presumption.
Avoiding Errors in the VA Disability Claims Process
Every VA disability applicant wants to avoid errors. Here are some tips.
- Know what the VA grants disability for. Identify the condition. Determine what benefits you should receive. Prepare your application based on your qualifications.
- Supply supporting evidence. You may gather medical records yourself or complete authorization forms. You may need to provide a medical exam or opinion. Usually, when it comes to medical documentation, more is better. However, inconsistencies can complicate your application or lead to denial.
- Don’t wait to hire an attorney. Whether you are beginning the process or need to file an appeal, the best time to have legal counsel is as early as possible in the process.
- Focus on connection to service. See if you meet any of the presumptions for connection to your military service. If not, you’ll need to focus on proving that your claim is service-related.
- Consider an appeal. Many VA benefits claims are approved for the first time on appeal. You’ll need to determine why the claim was denied in the first place and what additional documentation is needed.
Notes: An intent to file (ITF) can preserve the earliest effective date when you finish your application.
It may be appropriate to participate in the Fully Developed Claims program. If appropriate, participation can help you get a decision faster. You’ll need to submit supporting evidence with the claim, certify that no other evidence is needed, and attend a VA medical exam if asked to do so.
What To Do If Your VA Disability Claim Is Denied
If your VA disability claim is denied, review the reasons for the denial. Understand the deadlines. When making an appeal, make sure you address the reason for the denial. Talk to a lawyer as soon as possible.
Contact an Experienced VA Disability Lawyer Today
Daren Sarphie of Sarphie Law represents U.S. veterans in disability claims nationwide. Work with a skilled, experienced and caring attorney. Attorney Sarphie will stand by you in the fight for your benefits.
Call or message us now for your free case review.
