Founding Attorney
Receiving a denial notice for your VA claim can be disheartening, but it’s important to remember that you have options. The appeals process provides veterans with the opportunity to challenge the VA’s decision and potentially secure the benefits they deserve.
Understanding the Decision
Before initiating an appeal, carefully review the denial letter from the VA. This document outlines the reasons for the denial and provides crucial information for your appeal. Pay close attention to the specific issues that were the basis of the denial, the evidence considered by the VA, and any missing information or documentation from the original claim.
Choosing Your Appeal Lane
The VA offers three main options for appealing a decision:
- Supplemental Claim: If you have new and relevant evidence to support your claim, this option allows you to submit it for review.
- Higher-Level Review: You can request a senior VA employee to review your case if you believe the initial decision was incorrect based on the evidence already submitted.
- Board Appeal: This option takes your case directly to a Veterans Law Judge at the Board of Veterans’ Appeals.
Gathering New Evidence
If you choose the Supplemental Claim lane, focus on obtaining new and relevant evidence to support your case. This might include:
- Additional medical records
- Statements from fellow service members
- Expert medical opinions
- Updated disability assessments
Ensure that any new evidence directly addresses the reasons for your claim’s denial.
Filing Your Appeal
Once you’ve chosen your appeal lane and gathered any necessary evidence, it’s time to file your appeal. Be mindful of deadlines:
- For Supplemental Claims and Higher-Level Reviews, you have one year from the date of your denial letter to file.
- For Board Appeals, you typically have 120 days from the date of the denial letter to appeal.
Submit your appeal form (VA Form 20-0995 for Supplemental Claims, VA Form 20-0996 for Higher-Level Reviews, or VA Form 10182 for Board Appeals) along with any new evidence to the appropriate VA office.
Preparing for a Hearing
If you’ve chosen a Board Appeal with a hearing, thorough preparation is crucial. Consider the following:
- Review your entire claims file
- Prepare a clear and concise statement about why you believe the denial was incorrect
- Practice articulating your case with a family member or your attorney
- Gather any additional supporting documents or witnesses
During the hearing, remain calm, answer questions honestly, and focus on the facts of your case.
Working with a Veterans’ Benefits Attorney
The appeals process can be complex. An experienced veterans’ benefits attorney can provide invaluable assistance by:
- Analyzing your case to determine the strongest appeal strategy
- Gathering and presenting compelling evidence
- Ensuring all necessary forms are completed accurately and submitted on time
- Representing you at hearings and in communications with the VA
At Kallio Law Firm, LLC, we practice veterans’ benefits law and are committed to helping veterans secure the benefits they’ve earned through their service.
Staying Informed and Patient
The appeals process can take time. Stay informed about the status of your appeal by:
- Regularly checking your VA.gov account for updates
- Promptly responding to any requests for additional information
- Keeping your contact information up to date with the VA
Remember, persistence often pays off in the appeals process. Many veterans succeed in overturning initial denials through appeals.
Considering Alternative Options
If your appeal is unsuccessful, don’t lose hope. You may still have options, such as:
- Filing a new claim with new evidence
- Requesting a revision based on clear and unmistakable error
- Exploring other benefit programs for which you may be eligible
Contact a Veterans’ Benefits Attorney from Kallio Law Firm, LLC
Appealing a VA claim denial requires patience, preparation, and, often, professional guidance. At Kallio Law Firm, LLC, we understand the challenges veterans face in securing the benefits they are owed. Our experienced team is here to support you throughout the appeals process, to present your case effectively, and to protect your rights. Contact us for a consultation, and let us help you fight for the benefits you’ve earned through your service.
