When you apply for disability benefits through the Department of Veterans Affairs (VA), your claim is reviewed to determine if it meets the eligibility criteria. However, even some eligible veterans have their initial claims for VA disability benefits denied. If you’ve received a denial, you have the right to appeal the VA’s decision, but it’s important that you take the right steps at the right time to give yourself the best chance at a successful appeal.

Having a VA disability appeals lawyer on your side can give you peace of mind and the advantage of experienced guidance. Contact the Law Office of Daniel Martin to discuss your options for appealing the VA’s decision.

VA Claim Denied: Your Next Steps

The red tape and complexities of filing a VA claim make the process overwhelming and confusing for many applicants. After going through this process, receiving a denial can make veterans feel hopeless. It’s important to remember that the VA denies claims for a variety of reasons, including missing documentation and clerical errors. Don’t lose hope if your initial VA disability claim was denied. Take the next step and move forward with an appeal.

#1: Filing a Notice of Disagreement (NOD)

A Notice of Disagreement is a notification to the VA that you disagree with their denial and you intend to pursue an appeal. You only have one year to file an NOD, and this timeframe begins on the date the denial was sent to you. When you’re disappointed and frustrated with the VA claims process, it can be easy to overlook important details or include something you shouldn’t in your NOD. Your attorney can help you determine what should and should not be submitted at this stage of the appeal.

#2: Requesting a Senior Rating Specialist Review

Another option as a first step of the appeals process is to request a Higher Level Review (HLR). In an HLR, a senior rating specialist reviews your initial claim to determine whether it should be approved or denied. If you don’t need to submit any additional information as part of your appeal, this step may be a good option. In some cases, the HLR may identify certain errors that allow you to submit additional evidence; this is called a “duty-to-assist error.”

#3: Submitting a Supplemental Claim

Another option is to submit a supplemental claim. This may be a good choice for you if you want to provide additional evidence but do not want to take your case before a judge. It’s important to keep track of the dates of each claim because your effective date can be impacted by submitting a supplemental claim. Your effective date is the date on which your disability benefits would begin if your claim is approved, and an earlier effective date means more back pay. If you can file within one year of your VA disability benefits denial, you should be able to qualify for the earliest effective date based on your initial claim.

Important Reminder: Keep Copies of All Documents

Documentation is crucial as you go through the VA claims process. Keep copies of everything, including the paperwork you submit as part of your application and appeal, as well as the documentation you receive from the VA. Whenever possible, make physical and digital copies for your records. Building a strong paper trail also includes using certified mail if you use the US Postal Service to provide documents to the VA. If an issue or discrepancy arises later, you’ll be able to prove what you sent, what you received, and when.

Understanding the VA Appeals Process and Wait Times

Red tape and bureaucracy mean extended wait times. Appeals can take over a year, depending on the specific process you choose. Requesting a hearing with a judge often takes a year and a half. HLR requests may take anywhere from 6 to 12 months to be decided. It’s impossible to predict exactly how long any particular appeal will take, but you should expect to wait.

At the Law Office of Daniel Martin, we do our best to expedite the process and shorten wait times, but there is only so much that can be done to speed up a VA appeal. If you have special circumstances, like a terminal illness or homelessness, we may be able to have your appeal moved forward by notifying the VA of your situation.

What to Expect After a VA Claim Denial

The VA will notify you that your initial VA disability claim was denied, and you will need to begin the appeals process as soon as possible. An appeal can result in the VA upholding or reversing the original decision. Claim denials are far too common, and they are often due to minor applicant errors or bad decisions by the VA.

If your VA claim was denied, contact the Tennessee VA disability appeals lawyer at the Law Office of Daniel Martin. Schedule a free consultation today to get started on appealing your denial.