Posted on: 5 January 2016
Filling a claim with the Veterans Affairs (VA) disability system can be confusing, especially if you don't have any experience with legal or administrative systems. Although paperwork format is important, it isn't administrative mistakes or the rumors "dot the i's and cross the t's" that leads to denials. The VA can simply ask you to correct that kind of information, but if you're lacking evidence for your claimed conditions or if your evidence isn't convincing enough, a denial is likely to arrive in your mail. If you're confused about denials and don't know what to do next, take a look at what could have gone wrong and how a lawyer can help you appeal with more success.
What Leads To Denial?
VA disability is designed to help veterans who are suffering because of their military service. The VA helps all veterans with a variety of different programs and can even direct you to other organizations if you're suffering because of something that happened after the military, but disability compensation is specifically for military-related conditions.
Such conditions are called service-connected conditions, and require verifiable proof in order to be approved. If you're complaining about head pains, for example, you'll either need written documentation dated during your military service showing either how the pains were caused or at least that you complained before becoming a civilian. Mental conditions may be a bit more difficult to prove, but as long as there's an event that can be linked to your current condition, it's a good start.
In addition to the military-linked evidence, you need to show that you're still suffering from the problem. The military has many dangerous and rough conditions across combat, technical work and labor, but if you're not currently suffering from a sprained ankle or broken leg that happened in the past, your claim will be weaker.
Strengthening Weak Claims On The Next Appeal
For most veterans with legitimate problems, the issue is missing one or both of those proof components.
If you're missing evidence from your military service, you need to do some deep research to show that you suffered from a problem in the past. This means that you either complained about the problem as soon as you got out of the military or you can show that your issue could have only been caused by military service.
The VA understands that not all forms of duty have staffed medical administrations. If you decided to get out of the military after one too many close calls, the only records you'll have will be either as you leave the military during a checkout examination or after you're a new civilian fresh out of the military. Unfortunately, the latter happens to many veterans who leave the military by out-processing at a congested base, and the out-processing requirements are fairly recent.
A personal injury attorney can perform the research necessary to create the links needed to support your claim. With access and insight into successful claim, an attorney can do a better job of interviewing other veterans and their legal representation (if applicable) if they were involved in similar situations. As long as you act quickly, statement can be taken from not only service members you worked closely with, but officials who you may not have known.
To prove that you're still suffering, an attorney can use a team of medical professionals who are experienced in claim systems. Deep analysis and targeted, picture evidence or even video can spell out the problem in the VA's terms. Contact an attorney like one from Story Law Office to begin strengthening your appeal.Share