If the Veterans Administration (VA) denies your disability benefits claim, you can file an appeal. A disability rating that is for a condition that is less severe than your actual disability is one of the primary reasons why veterans may appeal claims denials.
Reasons for a Lower Disability Rating
It is likely that your disability benefits claim included an error that resulted in a lower rating.
For example, the VA must inform applicants about the evidence that they must submit as proof of a disability. Failure to specify what type of evidence is required in your case could mean that the agency incorrectly labels your disability. In such cases, you can appeal based on the fact that your claim was missing critical evidence that could have led to an accurate disability rating.
The VA, on its part, is also required to completely investigate your medical condition through a medical examination, or a medical opinion, to determine whether your disability is as severe as you claim it is. If there is insufficient medical evidence to prove the severity of your disability, the VA must obtain evidence through a medical examination conducted by a knowledgeable and experienced doctor.
Process for Appealing a Disability Rating
If you do not agree with the disability rating of the VA, you must first send a Notice of Disagreement (NOD) to your local VA office, informing the agency that you disagree with its rating, and your intention to appeal the decision. You must send the NOD within one year of receiving your disability rating decision. After sending in the NOD, you can request a review of your file by a Decision Review Officer at your local office.
The local VA office will mail you a Statement of the Case, which will contain all of the evidence that was used by the local office in deciding your claim. The Statement of the Case will be accompanied by a VA Form 9 which you must fill out and send back to the local office. In the Form 9, you must include all of the errors that you found in the Statement of the Case and must also request a personal hearing.
You can request a hearing either with a person from your local VA office, or with a member of the Board of Veterans Appeals. The hearing is typically conducted in person, via video conferencing, or at the local VA office with a Board member present. The member will ask you questions, and you can have your own attorney on hand to help you explain your claim.
After the hearing, the Board member will decide on your appeal, and will inform you of the decision.
For help appealing a disability benefits denial, speak to a VA disability benefits lawyer at LaVan & Neidenberg today: (888) 234-5758.
