Denied VA Claim Lawyer: How Legal Help May Assist in Securing Your Veterans Benefits 

Posted by Berry Law on January 1, 2025 in Uncategorized

The VA claims process can be frustrating, particularly for Veterans whose claims are denied or they feel are undervalued. A denied claim not only delays access to essential financial support and medical care, but it can also feel like a setback after the sacrifices made during service. Fortunately, working with an experienced denied VA disability attorney may make a significant difference, providing Veterans with the guidance needed to successfully appeal denied claims. Here, we’ll explore common reasons for VA claim denials, the role of a skilled attorney in the appeals process, and what Veterans can expect moving forward. 

Common Reasons for VA Claim Denials 

When the VA denies a claim, it’s typically for one of the following reasons: 

1. Insufficient Evidence: The VA requires substantial evidence to establish a service connection for a disability. Claims lacking medical records, diagnosis details, or service records may be rejected for insufficient proof. 

3. Lack of a medical nexus: In some circumstances, a medical professional must provide a positive nexus opinion to be granted service connection. 

4. Disputed Disability Rating: While not technically a denied claim, sometimes, the VA will assign a lower disability rating than warranted, which affects the Veteran’s monthly compensation. This might happen if the VA underestimates the severity of symptoms or does not recognize how the condition impacts the Veteran’s daily life. 

5. Missed Deadlines: Filing claims within specific time frames is crucial. Claims submitted after deadlines or appeals filed late may be automatically denied, complicating the process. 

6. Filing the incorrect  type of appeal:  Certain appeals can only be filed a certain points during pursuit of the claim.  Filing the wrong appeal may result in a denial. 

A denied VA claim lawyer may be able to help Veterans address these issues by gathering and organizing evidence, identifying missing documentation, and ensuring compliance with VA requirements, increasing the likelihood of a favorable outcome on appeal. 

How a Denied VA Disability Attorney Can Help 

A VA disability attorney provides essential support through legal knowledge, experience, and dedicated representation. Here’s how they may assist Veterans in appealing denied claims: 

1. Evaluating the Denial Letter: The first step involves thoroughly reviewing the VA’s denial letter to identify specific reasons for the denial. An experienced attorney will analyze the letter to develop a strategic plan for appealing the decision. 

2. Compiling Additional Evidence: Attorneys work with Veterans to gather new evidence that strengthens the appeal. This may include medical records, doctor statements, service records, and witness testimonies that support the claim. 

3. Navigating the Appeals Process: The VA appeals process can be complicated, involving multiple levels, including the Board of Veterans’ Appeals (BVA) and potentially the U.S. Court of Appeals for Veterans Claims (CAVC). A denied VA disability  lawyer guides Veterans through each level, helping them meet all requirements and deadlines effectively. 

4. Advocating for Accurate Disability Ratings: If a claim was approved but received a low disability rating, a lawyer may be able to help appeal for a higher rating that reflects the condition’s impact on the Veteran’s life, which may result in higher monthly compensation. 

5. Ensuring Proper and Timely Filing and Follow-Through: The appeals process involves strict timelines, and missing a deadline may result in a claim dismissal. Attorneys help Veterans stay on track, managing paperwork and communication with the VA to keep the appeal moving forward. 

The VA Appeals Process: Step-by-Step Guide 

The appeals process for a denied VA claim can vary, but the general steps are as follows: 

1. Supplemental Claim: If additional evidence has become available, Veterans can file a supplemental claim, presenting new evidence to support the appeal. 

2. Request a Higher-Level Review: Veterans can request a senior VA reviewer to re-examine the claim. This option doesn’t allow new evidence but may help correct errors in the original review. 

3. Board of Veterans’ Appeals (BVA) by Filing a Notice of Disagreement (NOD): If a higher-level review or supplemental claim does not yield a favorable outcome, Veterans may escalate the appeal to the BVA, where a judge reviews the case. 

4. Court of Appeals for Veterans Claims: If the BVA denies the appeal, Veterans may take their case to the U.S. Court of Appeals for Veterans Claims. At this level, the case involves a legal review, making it essential to have a denied VA disability attorney who understands the complexities of VA law. 

Each stage in this process requires specific documentation and strict compliance with VA guidelines. Skilled lawyers help Veterans navigate these requirements, reducing the risk of common mistakes that could delay or jeopardize their appeals. 

FAQs 

1. Why are so many VA claims denied? 

VA claims can be denied for various reasons, including insufficient evidence, missing documentation, lack of service connection, or missed deadlines. Working with a lawyer may help address these issues and strengthen the appeal. 

2. Can I appeal my VA claim after a denial? 

The proper way to address a denied claim is to appeal or submit a supplemental claim with new evidence.  A denied VA disability attorney may guide Veterans through the most effective route based on the claim’s specifics. 

3. What is the success rate for VA appeals? 

Success rates vary based on the strength of the appeal and quality of evidence. While the appeals process can be challenging, having experienced legal support may increase the likelihood of a favorable outcome. 

4. How long does the VA appeal process take? 

The process can take from several months to several years, depending on the level of appeal necessary. Attorneys help manage timelines and assist with filing all documents promptly to minimize the risk of delays. 

5. What costs are involved in hiring a VA disability attorney? 

Many VA lawyers work on a contingency fee basis, meaning fees are only collected if the Veteran’s appeal is successful. Berry Law, for example, prioritizes Veterans’ interests by structuring costs around successful outcomes. 

How Berry Law Can Help with Your VA Claim Appeal 

At Berry Law, we understand the frustration Veterans experience when their VA claims are denied. Founded by a Veteran, our firm is deeply committed to helping Veterans navigate the VA system and guiding them toward receiving the benefits they’ve earned. Our team of skilled attorneys brings decades of experience in handling VA claims and appeals, making us well-equipped to handle complex cases involving PTSD, TBI, and other service-connected conditions. 

If your VA claim has been denied or undervalued, don’t navigate the appeals process alone. Contact Berry Law for a consultation. We’re here to fight for the benefits you deserve, so you can focus on your health and well-being.