Every veteran deserves the support they need to transition from military service to civilian life smoothly. If you’ve developed a disability during your time in the armed forces, or if a pre-existing disability was made worse by your service, you might be eligible for valuable VA benefits. These benefits provide financial compensation – a monthly check – and honor the sacrifices you’ve made. To access these benefits, you’ll need to understand the VA claims process, which we’ll demystify for you in this article.
Evaluate Your Eligibility
Before embarking on the VA claims journey, assessing your eligibility is crucial. To qualify for disability compensation, you must have a formal medical diagnosis for an injury, disease, or evidence a condition became worse during service. This diagnosis is the cornerstone of your claim, and without it, the path forward can be quite challenging.
Assembling a Strong Case
Once you have confirmed your eligibility, the next step is gathering compelling evidence to bolster your claim. Strong evidence is the single most important difference between strong, successful claims, and weak ones VA denies. Collect relevant documents, such as medical records, records from service, and any other documents showing what you did and where you went in service. This provides a comprehensive overview of your condition. Additionally, statements from family members or fellow service members who can attest to the impact of your disability will add depth to your narrative. The more evidence you have, the stronger your claim is, and the more likely it is VA will approve your claim.
Now, let’s explore the different channels through which you can file your claim:
- In-Person: Head to your local VA regional benefit office and file your claim in person.
- By Mail: You can send your claim via mail. Make sure to include all necessary documents and information, as accuracy is key to a successful claim.
- Online: For extra convenience, you can submit your claim through the eBenefits website or the VA’s main website. These platforms streamline the process and allow you to track your claim’s status in real time.
Dealing with Denials and Exploring Appeals
After you’ve completed the initial steps of the VA claims process, it’s time to wait for a decision from the VA. If, unfortunately, VA denies your claim, don’t lose hope—you can contest this decision through an appeal within one year of most decisions.
The forms required for an appeal will vary depending on the date of your denial. If your decision came before February 19, 2019, the appeals process requires that you:
Pre-February 19, 2019, Denials:
- Submit a Notice of Disagreement (NOD) within one year of the denial.
- Wait for a Decision Review Officer to re-examine your case and make a decision.
- Continue your appeal through the Board of Veterans’ Appeals if the Decision Review Officer cannot make a decision.
- You may also opt-in to the post-legacy appeals system, which may have different implications for your claim. This is the new format resulting from the Veterans Appeals Improvement and Modernization Act (AMA). The legacy and the AMA appeals systems both have their own issues and complexities that we will help you with.
There are different appeals processes for claims which received a denial on or after February 19, 2019. The following are three different types of appeals available to veterans in this situation:
Post-February 19, 2019 Denials:
- Higher-Level Review. A Higher-Level Review means that your case will go to a senior reviewer. This option prohibits the submission of new evidence. However, you can speak with the reviewer on the phone to discuss the case.
- Supplemental Claim. This option allows a veteran to submit new evidence which supports their claim.
- Notice of Disagreement. This option allows veterans to send their cases to the Board of Veterans’ Appeals. You will have the option to provide new evidence and request a hearing with the judge as well. However, this option often takes much longer than the other two options.
Securing the Benefits You Deserve
Remember, every veteran’s journey is unique, but with determination and the right resources, you can navigate the path to the benefits you’ve earned through your service.
Tucker Disability Law Can Help
There are many ways that Tucker Disability Law can help veterans appeal a denied claim. Our VA disability lawyers help veterans develop strong evidence in favor of their claims. We handle all the VA paperwork and forms and leverage our experience and access to VA’s tools to ensure you get the result you deserve.
Tucker Disability Law has been serving Veterans for over 30+ years, and we have a 98% win rate with the VA. We know the appeals system inside and out and can help you get the benefits you and your family deserve.
If you received a denial on your VA disability compensation claim, contact Tucker Disability Law to learn more about how we can help.
Use the blue contact section NOW to call us, live chat with us, or message us using our confidential contact form.
