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If Your Claim For VA Disability Benefits Was Denied, Here Are Your Options

Published on August 15th, 2017

If you apply for VA disability benefits and the claim is denied, there are a couple of things you can do before filing an appeal.

Don’t be too disappointed if your claim is denied, you are not the only one. It is a well-known fact that the DVA makes errors – lots of them. Your denial could simply be due to a clerical error which is something that can be cleared up quite easily. Perhaps you provided the DVA with ample evidence to support your claim but it was misread, this is something that can be straightened out as well.

You have the right to appeal any decision made by the DVA, either all of it or part of it. If your claim is denied, you have one year to hire a VA disability appeal lawyer and begin the appeals process.

There are then two steps once you decide to file an appeal and they depend upon whether you filed a standard claim or a fully developed claim. In both cases, the first step is to file a Notice of Disagreement (NOD) and upon receipt of this notice the DVA will send you a statement of your case. Usually it is your VA disability appeal lawyers that review this document and file a formal appeal noting the items that you do not agree with.

Getting advice:

Regardless of whether you initially filed a standard claim or a fully developed claim, you can request a review or reconsideration. It is in your best interest to get the advice of experienced VA disability appeal lawyers to decide the best way to contest or appeal all or part of your claim. VA disability appeal lawyers offer a free consultation, seasoned lawyers that are fully accredited by the DVA will discuss your case and how both approaches might fair.

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