Have you filed a veteran disability claim with the U.S. Department of Veterans Affairs (VA)? Has your disability claim been denied? We know this can be frustrating and disheartening when you struggle in your day-to-day life with a service-connected injury, illness, or medical condition. You may be asking — what happens if your claim is denied? QRF Legal Services is here to help and this guide to VA appeals may answer some of your questions.
Contact QRF Legal Services for a Case Review
How To Appeal a Denied VA Disability Claim
There are multiple reasons why your disability claim can be denied, but there is light at the end of the tunnel. Your denied claim can be appealed. There are multiple ways to file an appeal — a Higher-Level Review, a Supplemental Claim, the Board of Veterans’ Appeals (BVA), or file an appeal with the U.S. Court of Appeals for Veterans Claims (CAVC). How you decide to appeal your denied claim will depend on the reason why your claim was denied and that information will be provided by your denial notice — VA Form 21-0958.
Here is a better look at how to appeal a denied disability claim:
- Request a Higher-Level Review (HLR)
- An appeal via a Higher-Level Review involves a Senior VA Adjudicator reviewing your denied claim with the current evidence on file.
- This appeal method is best used when and if you believe the VA has overlooked a critical piece of information in the initial claim.
- This appeal can be requested on the VA Online Portal with a VA Form 20-0996.
- File a Supplemental Claim
- The Supplemental Claim appeal is best used when you have new or additional evidence that will support your claim and prove a service connection.
- With this appeal, you re-submit your claim with new evidence for approval.
- Additional evidence may include additional medical records, service treatment records, and nexus letters.
- Appeal to the Board of Veterans’ Appeals (BVA)
- This is a secondary appeal option if you disagree with the ruling of a Higher-Level Review.
- Additional evidence to support your appeal can be submitted when you request a hearing with a Veterans Law Judge.
- File an Appeal with the U.S. Court of Appeals for Veterans Claims (CAVC)
- This method of appeal is used in extreme cases when you disagree with the decision of the Board of Veterans’ Appeals or there has been a legal error.
- Veterans will need to file a Notice of Appeal with the court system within 120 days of the Board of Veterans’ Appeals decision.
What Are the Most Common Reasons VA Disability Claims Are Denied?
Now that you know how you can appeal a denied disability claim and understand your appeal options, you may want to know why your disability claim was denied. There are multiple reasons why a disability claim can be denied and it will be included in your denial notice.
Here is a list of common reasons why your disability claim may be denied:
- Insufficient Medical Evidence
- Lack of a Service Connection
- Missed Deadlines for Submitting Documents or Responding to Requests
- Submitting Incomplete or Incorrect Application Forms
- Failure to Complete a Compensation & Pension (C&P) Exam
- Inconsistent Disability Claims
- Lack of a Current or Credible Diagnosis
- Pre-Existing Medical Conditions
- Changes to VA Disability Claim Requirements
- Poor Nexus Evidence
- MORE…
READ MORE: How To Gather the Right Evidence for Your Disability Claim
Has your veteran disability claim been denied? You may be asking — what do I do if my claim was denied — and this guide to VA appeals created by QRF Legal Services will help answer your questions and prepare you for the appeal process.
Contact QRF Legal Services today for help with your disability claim appeal!
