It can be disheartening to go through the process of applying for VA disability benefits only to have your claim denied. You might wonder:
- “What did I do wrong?”
- “What information did I not give the VA?”
- “Why did they not believe me?”
Receiving the decision letter stating that your claim was denied or that the VA does not believe your condition significantly limits your ability to work leaves you with two options. First, you can accept the adverse decision and regroup. Or you can press ahead and pursue an appeal.
In most every case, receiving an unfavorable outcome should inspire you to continue your pursuit for benefits. This blog post will explore the reasons why.
The VA Can Get Your Claim Wrong
Going toe-to-toe with the VA bureaucracy can seem daunting and futile, especially when you consider that they are the ones with the power to approve or deny your claim. However, even the VA is subject to federal law and the regulations it creates. The VA can, and does regularly, fail to apply these laws and regulations correctly.
The VA may have adjudged your claim incorrectly based on a mistaken understanding of the law which a Higher Level Review or Supplemental Claim can easily correct on appeal.
You Stand to Lose Considerable Benefits
The date your VA benefits begin once your claim is approved is tied to the date you initially file your claim. While you may feel like licking your wounds and not pursuing an appeal if your claim is denied, doing so means your effective date will change if you decide to file a new claim and try again. You could literally lose thousands of dollars by not pushing ahead with an appeal.
Even if you were to refile a new claim as soon as you could following the denial of your initial claim, this would mean you could lose several months’ worth of benefits. This needlessly leaves money you are owed on the table when pursuing an appeal does not carry such a risk.
Your Second Claim May Not Fare Any Better
Filing a new claim after being denied benefits does not guarantee you will you experience any greater success in receiving benefits. This is especially true if your initial claim was denied due to the VA misunderstanding the law, the evidence, or its internal regulations. If one denial puts you in a disadvantaged position, two denied claims doubles the disadvantage.
Get Experienced Help from am Evans VA Disability Lawyer
Instead of retreating and regrouping after a denied VA disability claim, recruit Coskrey Law to your team and take advantage of the various appeals options you have. While your claim may not be approved the first time, having a skilled Georgia VA disability lawyer assist you with your next steps can help ensure the VA’s wrongful denial of your claim is quickly made right.
Call Coskrey Law and ask to speak to our VA disability lawyer about your situation if your claim has been denied. You can reach out to us online or call our office at (706) 303-1802. You can also e-mail our office at coskrey@gmail.com.