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WAS YOUR VA CLAIM DENIED?
Your response to a rejected disability benefits claim is what counts.
The VA provides multiple opportunities for disabled veterans to appeal its decisions. You typically have 1 year from the date you receive your decision to file an Appeal. When you file an appeal it must address the initial problem — what kept your claim from being approved in the first place.
In most cases, your appeal of a VA benefits claim denied must provide evidence that was not previously in your claim file.
We pursue veteran's disability appeals at every VA Regional Office in the United States. We will review your case in great detail. Searching through medical records looking for errors in the VA's decision making and rating processes. In many cases finding mistakes that warrants higher ratings and compensation. We also look for ways to strengthen your claim that will allow the VA to provide you the rating you deserve.
WHY ARE MOST CLAIMS DENIED?
Lack of Medical Evidence
A veteran must establish that he or she suffers from an injury or illness 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.
No Service Connection
This is one of the primary reasons why a Veteran's claim is denied. In order to receive disability benefits you must demonstrate that an incident or conditions during the veteran’s military service caused or aggravated the veteran’s disability. Typically, service records or in-service medical records provide this evidence. However in many cases the in -service disability may not had been well documented or not documented at all. Our experts know how to work around this to help prove an in-service connection.
No C&P Exam
If a VA Claim Adjudicator lacks enough medical evidence to make a decision on a claim, the Claim Adjudicator can order a veteran to go to a local VA medical center for a Compensation and Pension Examination, or “C&P exam.” The C&P examiner will provide a medical opinion on the merits of the veteran’s disability claim. 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
A VA Claim Adjudicator 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, the doctor must certify that the doctor has examined the veteran’s claim file, or “C-file.” The doctor must also rationally explain his or her opinion on the extent of the veteran’s disability and conclusion that the disability is service-connected. A VA Claim Adjudicator will look for certain language and phrasing. If the doctor’s medical opinion lacks this language, the Adjudicator may deny the claim.
Disability Rating
In the end, a VA Claim Adjudicator makes a judgment call. The VA uses Diagnostic Codes for just about every imaginable injury or illness. In some cases, the VA uses additional rules, regulations and case law to measure disabilities. The claims evaluator must take what appears in a veteran’s claim file and match it to the appropriate Diagnostic Code and/or other directives and determine the degree of the veteran’s disability. The VA will rate a veteran’s disability in 10 percent increments. If an evaluator determines that a veteran is not at least 10 percent disabled by a service-connected condition, the evaluator will deny the veteran’s claim for monthly disability benefits.
What We Do?
When a Veterans hire us to represent their claim for benefits. We review their case in great detail. Looking for errors in the rating decision, rating percentage, errors with effective dates and errors within Veterans Law.
Once we find an error, we work aggressively to rectify that error to ensure you the Veteran, get all the benefits you deserve.