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Receiving a denial for your veteran disability claim can be disheartening, but it is not the end of the road. Many veterans successfully appeal their denied claims and secure the benefits they deserve. This guide will walk you through the steps to effectively appeal a denied veteran disability claim.

Understanding the Denial

Before you begin the appeals process, it’s crucial to understand why your claim was denied. Carefully review the decision letter from the Department of Veterans Affairs (VA), which will outline the reasons for denial and provide important information on how to appeal.

Step 1: Decide on the Type of Appeal

The VA offers three main avenues for appealing a denied disability claim. Choose the one that best suits your situation:

1. Higher-Level Review

  • What it is: A senior VA reviewer will conduct a new review of your claim without considering any new evidence.
  • When to choose: Use this option if you believe there was an error in the original decision or if the VA failed to consider existing evidence properly.
  • How to file: Submit VA Form 20-0996 (Decision Review Request: Higher-Level Review).

2. Supplemental Claim

  • What it is: You can submit new and relevant evidence to support your claim.
  • When to choose: Use this option if you have additional evidence that was not included in your original claim.
  • How to file: Submit VA Form 20-0995 (Decision Review Request: Supplemental Claim) along with the new evidence.

3. Board of Veterans’ Appeals

  • What it is: Your case will be reviewed by a Veterans Law Judge at the Board of Veterans’ Appeals.
  • When to choose: Use this option if you want a formal hearing or if the other options have not resolved your issue.
  • How to file: Submit VA Form 10182 (Decision Review Request: Board Appeal).

Step 2: Gather New Evidence

If you choose to file a Supplemental Claim or an appeal with the Board of Veterans’ Appeals, gather new and relevant evidence to strengthen your case:

  • Medical Records: Obtain recent medical records that provide additional information about your disability.
  • Nexus Letters: Request detailed statements from your healthcare providers explaining the connection between your disability and military service.
  • Lay Statements: Collect statements from family, friends, or fellow service members who can attest to the impact of your disability.

Step 3: Submit the Appropriate Forms

Ensure that you complete and submit the correct forms for the type of appeal you are pursuing:

  • Higher-Level Review: Submit VA Form 20-0996.
  • Supplemental Claim: Submit VA Form 20-0995 along with new evidence.
  • Board of Veterans’ Appeals: Submit VA Form 10182.

Double-check that all forms are filled out accurately and completely to avoid delays.

Step 4: Seek Assistance from a Veterans Service Organization (VSO)

Veterans Service Organizations (VSOs) can provide valuable assistance throughout the appeals process:

  • Expert Guidance: VSOs can help you understand the appeals process and choose the best option for your situation.
  • Form Assistance: They can assist in completing and submitting the necessary forms.
  • Representation: VSOs can represent you in interactions with the VA and during hearings.

Step 5: Prepare for a Hearing (if applicable)

If you requested a hearing with the Board of Veterans’ Appeals, prepare thoroughly:

  • Understand the Process: Learn what to expect during the hearing and the questions you may be asked.
  • Organize Your Evidence: Ensure all your evidence is well-organized and easily accessible.
  • Practice Your Testimony: Be ready to clearly and concisely explain your case and the impact of your disability.

Step 6: Follow Up on Your Appeal

After submitting your appeal, it’s important to:

  • Monitor the Status: Regularly check the status of your appeal through the VA’s online portal or by contacting your VSO.
  • Respond Promptly: If the VA requests additional information or documentation, respond as quickly as possible.
  • Keep Records: Maintain copies of all correspondence and documents related to your appeal.

Conclusion

Appealing a denied veteran disability claim can be a complex and time-consuming process, but persistence and careful preparation can lead to a successful outcome. By understanding the reasons for denial, choosing the appropriate appeal option, gathering new evidence, and seeking support from VSOs, you can effectively navigate the appeals process and secure the benefits you deserve. Remember, you have the right to appeal, and with the right approach, you can achieve a favorable resolution.

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Veterans Valor, LLC is NOT an accredited agent, VSO, attorney, or entity recognized by the Department of Veterans Affairs (VA) and is not affiliated with the VA in any way. Veterans shall prepare and file their own claim or work with an accredited representative, many of which offer services for FREE. By using this website and our service, Veterans Valor, LLC, you acknowledge that there are completely FREE services available to assist veterans with VA disability claims for VA benefits. Veterans always have the option to utilize the free services provided by entities such as National Service Organizations (e.g., DAV, VFW, AMVETS, American Legion, among many others), Service Organizations, State Sponsored Veteran Service Officers, and/or the paid services of VA accredited agents or attorneys. Utilization of Veterans Valor, LLC’s website or services is NOT required to submit a claim for VA disability benefits, and you may achieve a positive VA disability claim outcome with these other free or paid organizations. Information listed on this website, including but not limited to, success percentages, disability rating increases, and processing timelines are averages and not specific to any one claim. Veterans Valor, LLC MAKES NO GUARANTEE OF RESULTS BY USING THIS WEBSITE OR OUR SERVICES, AND YOUR INDIVIDUAL RESULTS MAY VARY. This website is solely for marketing purposes and should not be considered as medical or legal advice.

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