Failure to File an Appeal

 

If you fail to appeal your denied claim within a year of your denial the decision will become final.  This will cause you to lose your claim effective date, costing you any potential back pay.  Most, unfortunately, you'll have to start over again with new medical evidence, and you will lose all potential for back pay.

 

Just because your claim was denied does not mean you are not eligible for disability benefits. The Department of Veterans Affairs (VA) commonly makes errors in its determinations. The denial can be a combination of not analyzing the facts of your case correctly, and it can also stem from not having proper evidence available.  You can help your claim by writing statements explaining your in-service injury or illness. If you believe your condition was caused or aggravated during your service, discuss your conditions with your doctor; without medical evidence, the VA is clueless about what caused your medical conditions, it's essential to speak up. Your Dr. can help you establish a diagnosis for your situation by referring you to specialty clinics, labs, physical therapy, or testing.

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Common Reason Claims Are Denied

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• Not enough medical evidence to support your disability;

• VA Agreeing that you have a disability, but not finding enough evidence to show that it is connected to your military service;

• They may agree that you have a service-connected disability, but they might assign a rating that is too low for your actual symptoms;

• They may agree you have a disability but find that it was pre-existing to your military service and not aggravated by your service.

• Your service treatment records do not contain complaints, treatment, or diagnosis for this condition.

• You do not have a diagnosis for your claimed condition- See your doctor

• You do not have a consistent history of care for the claimed condition.

• The C&P examiner opinioned that your condition is not related to your time in service.