You have worked hard. You have followed the right steps when applying for your VA benefits. You have waited for a long time. Then, after a while, you receive the sad news: your VA claims have been denied. It can be annoying, right? Well, more than 30 percent of VAS claims are denied per year. There are several reasons why your VA claims are denied. Understanding these reasons will help you get it right in your next VA application. Here is why the VA has been denying your VA claims.
Missed Deadline
If you fail to gather enough evidence, your VA disability claim might not get approved. While there’s no specific timeline to apply for benefits, it’s always better to make your application as soon as possible. Waiting until you fully recover from your injuries might deny you compensation.
If you sustained a knee injury, for instance, you won’t be able to file a successful claim after you’ve made a full recovery. Again, if you’re supposed to make an appeal, be sure to do so within the allowed period. Otherwise, you might have to refile your disability claim and start over. For your application to be approved, you’ll need to submit relevant evidence of your service-related injuries.
Insufficient Medical Evidence
If your doctor’s report isn’t adequately detailed, your VA claim might not get approved. Essentially, your doctor’s recommendations should include direct language, a comprehensive review of your claim file, as well as, a rationale. Without these elements, your claim will most likely be rejected.
So, make sure that your doctor meets these requirements. Alternatively, you can ask another medical professional to write another recommendation.
There Is No Specific Diagnosis
Before deciding to file a disability claim, make sure that you have a diagnosed medical condition. And your disability must have resulted from your military service. Mental health issues alone can’t validate your claim for disability. Your doctor should diagnose a specific impairment that you developed while serving at the military.
It’s also imperative to note that your diagnosis must be current. If you suffered depression after service but have already made a full recovery, you aren’t entitled to compensation. In short, you can’t get compensated for a past issue. Thus, if you want to obtain disability compensation, ask your doctor to perform a specific diagnosis as soon as possible.
Didn’t attend C&P Exam
The VA will ask you to perform a C&P (Compensation and Pension) exam. These exams typically determine the level of your disability and whether your injuries are service-connected. Remember, the VA can schedule these appointments without adequately informing you. And in case you fail to turn up, the VA might deny your application for a disability claim.
If this happens, tell the VA that you weren’t aware of the appointment and didn’t deliberately ignore it. Then make an effort to complete the exam the next time you make another application.
Filling Wrong Info
Make sure that you fill the right forms. If you fill the wrong forms, the VA night will reject your disability claim. Bear in mind that you should always complete the latest forms. When new forms are released, then the older versions are automatically rendered obsolete.
Working with an experienced VA disability lawyer will reduce your chances of making such costly mistakes. He or she will guide you on how to fill the necessary forms completely, hence improving your odds of receiving compensation.
The Condition Isn’t Service-Related
If your case isn’t service-connected, then you might not receive compensation. For you to file a successful VA disability claim, you should prove that your health condition is service-related. Your disability might have directly resulted from your military service.
If your disability was made worse by your service, you could also be eligible for compensation. The VA might establish that your condition was pre-existing or independent of your service in the military. And when this happens, your claim will be automatically disapproved.
Poor Disability Rating
At times, the VA might assign you a disability rating that isn’t reflective of your current medical condition. For instance, if your rating is less than ten percent, you won’t receive financial compensation.
So, make sure that you provide adequate evidence about your case. Submit comprehensive medical bills, extensive medical reports, as well as your doctor’s recommendations. Combined with the help of a professional attorney, these documents can convince the VA to assign you a higher disability rating.
Not hiring A Professional Legal Representative
Don’t work alone. You might not actually have the right expertise to navigate the legal process by yourself. Simple mistakes can cost you a lot of money. Thus, if you want to increase your chances of winning a VA disability case, consider hiring Agent orange VA Disability Lawyers.
The attorney will help you in collecting evidence and accurately presenting your case to the VA. Plus, he or she will negotiate with the VA and convince them to approve your request.
Eligibility
It’s important to understand the eligibility criteria when it comes to VA claims. There are different types of VA claims. As a veteran, it’s important to go through these different types of claims. From here, determine the claims that apply to your case. You can ask a lawyer to help you understand these claims. This basic knowledge will increase your odds of getting approved.
If you are a 65-year-old veteran, you are presumed to have a low income. In this case, you are entitled to pension benefits. However, these benefits can cover you and your descendants. Additionally, if you require daily assistance, you may be eligible for additional benefits.
How To Hire an Excellent VA Lawyer
VA-related matters come with a lot of paperwork. It’s important to fill in all the details correctly. Also, you must be honest when filling in the details. Unfortunately, some veterans don’t embrace honesty. That’s why their VA claims usually get denied. Thus, it’s important to stick with the truth. Don’t skip any section. If you are not conversant with filling these forms, hire a nice lawyer to help you. However, there are several lawyers who offer VA-related services. As a new veteran, it can be challenging to shop around for the right attorney. Luckily, this guide is going to help you select the right VA attorney.
Experience
As stated early, winning a VA claim isn’t easy. It comes with a lot of challenges. There are several pitfalls you should avoid. For instance, filling in wrong information can have your VA claims denied. Thus, you should hire a legal expert with experience. Choose an experienced lawyer. Preferably, look at the number of years that lawyer has been offering VA-related services. Ask him/her about his past work. An experienced VA attorney understands the tips and tricks for getting your VA claims approved.
Certification And Licensing
All lawyers are required to get certification and licensing before offering legal services. Unfortunately, certain lawyers tend to take shortcuts. They don’t obtain the necessary licensing before practicing law. As a veteran, you aren’t safe in the hands of an unlicensed or uncertified lawyer. A good and confident lawyer will show you his/her certification. Plus, a certified lawyer will always behave professionally. You can expect high-quality services from a certified lawyer.
Referrals
Another great way to look for an attorney is to ask for referrals. Remember, people cannot refer you to a bad lawyer. Thus, ask your fellow veterans to give you referrals. Alternatively, your current lawyer can help you with good referrals.
Reviews
Once you have narrowed it down to at least 3 options, consider reading their reviews. Go online. Check the profiles of these lawyers. Don’t hire a VA lawyer with a lot of negative reviews. Also, consider calling these lawyers. Ask them questions regarding your case. Does that lawyer seem to understand VA-related issues? Is he/she confident? These questions will automatically lead you to a competent lawyer.
Education Background
You should also check the educational background of that lawyer. Where did he/she earn the law degree from? Is the college certified? How did he/she perform in class? Does he/she have a solid background when it comes to VA disability-related laws? Be sure to bring in a highly educated VA lawyer. It will benefit your case and increase the odds of getting approved.
Success Rate
A lawyer with a low success rate is a no. This lawyer won’t produce positive results. Thus, prioritize lawyers with high success rates. With a high success rate, you have a lawyer who guarantees you results. It means the lawyer has that knack when it comes to helping clients fill the paperwork and submit the claims. The success rate will help you gauge the competency of that lawyer.
The Bottom-Line
The joy of a veteran is to receive his/her VA claims quickly and efficiently. Unfortunately, more than 30 percent of these claims are denied. This shows that veterans make certain mistakes when submitting a VA claim application. The above are the top reasons why the VA isn’t approving your claims.