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Serving in the United States’ armed forces comes with many benefits in civilian life. Among these is the right to seek out cash payments if an illness or injury that you endured while on active duty now affects your health. The Veterans’ Disability Compensation Program provides these benefits but does require you to show that you are eligible for payments. For many reasons, veterans often have difficulty with their applications and receive a denial.

Thankfully, all veterans have the right to appeal their denial. The exact process will vary depending on the reason for the denial and how quickly you want a decision. The team at Unruh Law is ready to explain the appeals process, evaluate the reason for your denial, and take the lead in pursuing the benefits you deserve.

Can I Appeal a VA Disability Claim Denial?

Why Might the VA Deny a Claim for Benefits?

Obtaining VA disability benefits requires a veteran to prove three main ideas. These are:

They now suffer from an illness or injury that started while on active duty
Their medical records indicate a disability that impacts their day-to-day life
They received an honorable discharge from the military

Failing to demonstrate any of these concepts will result in a denial of benefits. It may also be possible that a veteran receives a disability rating that does not accurately reflect their current medical state. In both examples, the veteran can seek out an appeal. However, they must submit this appeal no later than one year from the date of their denial.

The Varying Appeals Processes with the Board of Veterans’ Appeals

The Board of Veterans’ Appeals in Washington D.C. is the administrative body that handles all disputed veterans’ benefits cases. People seeking a review of their case have three legal options to keep their case moving forward.

The quickest and most direct is to request a direct review. Here, a Veterans Law Judge will review the case as it currently stands. This often results in a decision in around one year. However, this choice does not allow the veteran to introduce new evidence or plead their case in person.

The second option is to submit new evidence to add to the file. The judge in the case will review this additional information and issue a decision in around one and a half years.

Finally, all veterans have the right to request an in-person hearing before a judge. In these cases, veterans have the choice to submit new evidence and can argue their case through either a virtual hearing or in-person in Washington D.C. Veterans often must wait around two years from the date of appeal to have this hearing.

Choosing the right appeal option depends on the facts of your case and what you need to prove to a judge. An attorney at Unruh Law could help you make the decision that is right for you.

All Veterans Have the Right to Appeal a Denial of Veterans’ Disability Benefits

Denials of requests for Veterans’ Disability compensation benefits are sadly common. However, this does not need to be the end of your case. If you act quickly and with the right information, you can pursue an appeal that improves your chances of success.

You have one year after your denial to pursue an appeal. These appeals can allow you to submit new evidence and even have an in-person hearing with an Administrative Law Judge to plead your case. Let the team at Unruh Law take the lead in filing your appeal and demonstrating your case. They are ready to fight for you and seek out the payments you need to live your best life.

Can I Appeal a VA Disability Claim Denial?

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