Appeal Your Veterans Affairs Rating Decision

Here are five common reasons why the VA denies claims:

• Lack of evidence of a current disability. A veteran must establish that he or she suffers from an injury that the VA recognizes and provide evidence that the condition is disabling. The VA will likely deny a claim if a veteran fails to provide current medical records of examination, diagnosis, and treatment for a specific condition or a group of specified conditions that constitute a disability. Sometimes a statement by the veteran about his or her current symptoms is enough or will convince the VA to provide an examination to develop your claim.
• No link to military service. A disability benefits claim must demonstrate that an incident or condition during the veteran’s military service caused or aggravated the veteran’s disability or that the disability began or was worsened during service. Typically, service records or in-service medical records provide this evidence. A veteran should submit these records when the veteran submits his or her claim. If the veteran lacks these records, the veteran should identify what records are required and allow the VA to gather those records on the veteran’s behalf. The VA will consider statements by the Veteran, a “buddy statement,” military unit history, or news reports that document the incident or condition the veteran cites. Keep in mind: Sometimes, you don’t need to prove any in-service incident or condition because the VA presumes that certain disabilities are service-connected.
• No C&P exam. If the VA lacks enough medical evidence to make a decision on a claim, it can order a veteran to go to a local VA medical center or contractor for a Compensation and Pension Examination, or “C&P exam.” The C&P examiner will provide a medical opinion on whether the veteran’s disability is related to service and the severity of the disability. A veteran must report for the C&P exam. If a veteran fails to undergo the examination, the VA typically will deny the veteran’s claim. If a veteran cannot get to the VA medical center for a C&P exam appointment, the veteran should provide an explanation in writing to the VA Regional Office.
• Poorly formed medical opinion. The VA will look for certain information when reviewing current medical records from a VA doctor or a private physician. When a doctor provides a medical opinion to the VA, they must rationally explain their opinion about the extent of the veteran’s disability and whether the disability is related to service. The VA looks for certain language and phrasing. If the doctor’s medical opinion lacks this language, the evaluator may deny the claim. Our experienced VA disability attorneys can help make sure that the medical evidence in your file contains the necessary legal language.
• Disability rating. In the end, if a disability is service-connected, the VA makes a judgment call. The VA uses Diagnostic Codes for just about every imaginable injury or illness, one of which will be assigned to each service-connected disability. Each Diagnostic Code has an associated rating schedule that sets forth rules for rating a disability. In some cases, the VA uses additional rules, regulations, and case law to rate disabilities. The VA will rate a veteran’s disability in 10 percent increments. If the VA determines that a veteran is not at least 10 percent disabled by a service-connected condition, it will assign a 0 percent rating, meaning the veteran will not receive any monthly compensation even though a service connection was established.

There are three different ways you can appeal a decision of a VA Regional Office:

• Request a higher-level review of the same evidence by a more experienced claim reviewer at the VA Regional Office.
• File a supplemental claim with new evidence for the VA Regional Office to consider.
• Appeal to the Board of Veterans’ Appeals (BVA) and choose one of three different review options.

In a board appeal to the BVA, a veteran can request either:

• A direct review of the same claim without the submission of any additional evidence.
• The submission of new and relevant evidence. The veteran must submit additional evidence within 90 days of the notice of disagreement (NOD).
• A Veterans Law Judge review, in which the veteran will submit evidence at the hearing or within 90 days of it.

In older cases, where a VA decision was issued before February 2019, the process is a little different; the only appeal option was to the BVA. You start the process by filing a Notice of Disagreement, then the Regional Office will respond to you with a Statement of the Case (SOC) — a detailed review of your claim so far. After that, you must file a VA Form 9 Substantive Appeal explaining the issues you are appealing and why, and then the Regional Office will certify and forward your appeal to the BVA.

Learn More About Your Appeal Options

Every appeal must be supported by relevant evidence, a suitable legal argument, or both. The VA disability attorneys at Berry Law can make sure your appeal includes new evidence or a new explanation of the evidence that persuasively states your case. We conduct a thorough review of your existing claim and supporting evidence to identify a basis for appeal. We work to obtain any military, medical, and employment records that you don’t have that may help win your appeal.

Berry Law can refer you to doctors, psychologists, or other medical experts who are familiar with VA disability requirements. We often work with doctors who review veterans’ claims files and examine our clients when VA doctors fail to provide a complete or adequate examination. We also consult with vocational experts about clients’ ability to work, if appropriate.

We know what the VA looks for when judging a medically identifiable, service-connected physical or mental condition that causes you to be disabled. Because of our experience litigating VA disability claim appeals, our lawyers know where the VA misapplied the law in your case or simply got the facts wrong.

We are accredited by the VA to represent veterans seeking compensation, and our firm has obtained millions of dollars in disability benefits for thousands of veterans.

Two generations of military veterans and experienced attorneys at the Berry Law have helped thousands of disabled veterans obtain the benefits they deserve. We have successfully litigated VA disability appeals at all levels of the appeals process.

Let our VA disability claims lawyers help you today.