Suncoast Veterans Services

Appealing Veteran's Disability claim denials

 

If your claim for disability benefits is denied, you have the right to appeal. You must file the appeal within one year of the initial decision. Much media attention has been given to the high error rate in denials, so it makes sense to consider appealing the denial. Appeals represent almost one-third of the 800,000 pending veterans disability claims. A recent report found that the Board of Veterans Appeals found mistakes in 73% of reviewed cases.

 

What you can appeal

 

According to the VA, an appeal is “a request for the Board of Veterans’ Appeals to review a local VA office decision on your claim.” You have the right to appeal the decision for any reason. You may have received only a partial denial, while another part of your claim was approved – in that case, you can appeal the partial denial ; Or, if the VA granted your disability claim, you can appeal the level of benefits awarded.

 

According to the VA, the two most common reasons for appeals are:

 

• The VA denied benefits for a disability the veteran believes began in military service, and

• The veteran believes the disability is more severe than the VA rated it.