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VA Disability Appeals

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Nashville Veteran’s Disability Appeals Lawyer

The majority of veterans’ initial claims will be denied. Veterans may benefit from an experienced Veterans Benefits attorney – one possessing the knowledge necessary to develop the administrative record and obtain an award of benefits. The Appeals Modernization Act (AMA) overhauled the process for filing appeals in 2017. Although a small number of veterans may continue to have appeals pending under the prior “legacy” system, new appeals and claims are submitted using the AMA process. We’ll review the process in greater depth.

Why Did the VA Deny My Claim?

Your claim was most likely denied by the VA because you could not show one of the three factors required to fulfill the claim to their satisfaction. The three components are as follows:

  • You have a current disability.
  • You suffered in-service incurrence or aggravation of a disease or injury, and
  • a nexus between the in-service disease or injury and the current disability.

In most cases, proving the last portion is the most challenging. It necessitates medical documentation as well as, in certain situations, the opinion of a medical professional, connecting origin of your impairment to your service.

Possible Strategies to Appealing Your VA Disability Denial

If you were refused disability benefits or given a rating that is too low for your condition, you can appeal the VA’s decision and have your claim reevaluated. There are three ways to request a decision review from the VA:

  • Supplemental Claim: A supplementary claim is a request for your case to be examined based on new and pertinent material that was not accessible or included when your initial claim was submitted. If you don’t have access to the new evidence but it’s accessible from a VA medical institution, a private healthcare provider, or another government agency, you might be able to have the VA collect it for you. Based on the additional facts, your claim will be assessed by a VA regional office.
  • Higher-Level Review: You can ask for your claim to be examined by a senior-level reviewer at a regional VA office if you feel your benefits decision is wrong or contains a mistake. Despite the fact that this is referred to be a higher-level evaluation, your claim will still be evaluated at the regional level. This is comparable to “asking for the manager” at a business, and it’s meant to provide a quicker conclusion than a Board of Appeals review.
  • Board of Appeals Review: You may request a review of your claim by a Veterans law judge with the Board of Veterans’ Appeals (BVA). You have three options: ask the court to consider your claim without making any modifications (direct review), submit new evidence for review, or request a hearing with the judge at which adding new evidence is optional. Despite the fact that the VA now offers virtual hearings and videoconferencing, seeking a hearing might add time to an already lengthy appeals process, so this choice should be carefully examined.

Talk To a Tennessee Veterans’ Benefits Attorney

Contact the Comerford Law Office if you need legal guidance regarding a VA disability appeal. Our attorneys have assisted Tennessee veterans in obtaining benefits that had previously been rejected. Call us now to learn more about how we can help you.

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