A veteran who applies for VA disability compensation may request that the department review a denial. However, many veterans who have their disability benefits applications denied on a second review make mistakes that can delay or preclude ultimately obtaining the benefits they need and deserve. Here are several of the most common mistakes veterans make after being denied VA disability benefits again.
Mistake #1: Refiling the Same Claim Without Changes or Additions
Although some denials occur because the claims examiner overlooks or misunderstands certain evidence, in many cases the VA denies a disability benefits claim because the veteran fails to provide sufficient proof of disability or service connection. As a result, refiling or filing an appeal of a denied claim without adding evidence or changing how the claim presents the evidence risks yet another denial. Filing a supplemental claim or appealing to the Board of Veterans Appeals can allow a veteran to provide new or additional evidence to bolster their disability benefits application.
Mistake #2: Choosing the Wrong Appeal Lane
The VA’s current administrative appeals process allows veterans to choose among three avenues when challenging the denial of disability benefits or any aspect of the VA’s decision on their application. A veteran’s options include:
- Higher-Level Review: A veteran who requests higher-level review asks the VA to assign a new, more senior claims reviewer to review the existing claim record anew. The veteran may not submit additional evidence in higher-level review.
- Supplemental Claim: A supplemental claim allows a veteran to provide additional evidence to bolster their application or address the reason(s) for the VA’s denial.
- Appeal to the Board of Veterans Appeals: Veterans can appeal a denial to the VA’s Board of Veterans Appeals, where a veteran’s law judge can review the decision on the existing record for legal error, or the veteran may submit additional evidence or written briefs or request a hearing before the judge to argue why they should approve the claim or order reconsideration of it.
Mistake #3: Not Addressing the Reasons for the Denial
When submitting new, additional evidence to bolster a benefits claim after a denial, a veteran may err by simply adding more documents to the claim file, rather than focusing on providing evidence that addresses the reason(s) why the VA denied the claim, such as a lack of a formal diagnosis, evidence of symptoms, or a service connection.
Mistake #4: Waiting Too Long to Respond
A veteran has one year from the VA’s decision to complete their appeal. Waiting too long to act after a denial may result in the veteran losing their right to appeal, requiring them to submit a new claim and forfeit the effective date of their original application.
Mistake #5: Continuing Alone
The VA’s multi-track appeals system can seem complex and confusing to many veterans, some of whom may choose a less optimal appeal route to continue pursuing their claim. Furthermore, pursuing an appeal to the Board of Veterans Appeals or the Court of Appeals for Veterans’ Claims will require presenting compelling legal arguments for why the VA erred in denying a disability benefits claim.
Contact Our VA Disability Benefits Law Firm Today for Help
Even after the VA upholds its denial of your claim to disability benefits, you still have options for seeking compensation, but avoidable errors could make it more challenging to get approved for benefits. Contact Coskrey Law today for a free case evaluation with a VA disability benefits attorney to learn more about the steps you can take when the VA continues to deny your disability compensation application and the mistakes you should avoid that could jeopardize your right to benefits.