Mistakes to Avoid When Appealing For VA Disability Benefits

By Ruth on July 25, 2023 in advice
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While a failed VA disability claim will be a frustrating ordeal after months of waiting for a response, errors and omissions in your appeal could increase your overall wait time, compounding any financial hardships you may be experiencing. Adequate research will help you avoid such mishaps, with the following guide breaking down some mistakes to avoid in your appeal.

Avoid Resubmitting Evidence

If the VA already has evidence of your claim, resubmitting it will only slow down your review. If you want to submit new evidence, talk to a VA appeal expert to learn what your appeal options are. An example could be utilizing the supplemental claim process that works well with new information. Take note that a waiver or a typed statement will be ideal when submitting new evidence, failure of which could lead to repercussions on your claim.

Failure to Provide Detailed Information

Submitting an application form will only be the first step in your appeal case, with the burden of proof resting on veterans. Make it a point to gather multiple sources of evidence to support your claim, with testimonials from friends and family being excellent sources of information. In addition to this, notes from fellow workers regarding various challenges in your job will also be helpful for your claim. Lastly, provide photographic records of service-connected physical trauma adversely affecting your daily routines.

Failure to Consult a Legal Professional

An experienced veterans benefits lawyer will give you your best chance of winning an appeal since they will likely know the reason for your denied claim. Consulting with a professional in this field fast tracks your application process, with a simple conversation often enough to establish a proper service-connected disability claim. They will then help you file your appeal under the correct disability rating, allowing you to maximize your disability claim.

Not Considering Secondary Conditions

Numerous service-connected conditions will result in secondary conditions that are eligible for disability benefits, with veterans oblivious of such compensation claims. Pre-existing health conditions could be made worse by service-related disabilities, with those also eligible for compensation. Proving this will require you to submit evidence linking the primary ailment to the secondary conditions, increasing your chances of a successful appeal.

Having Erroneous Details in Your VA-Form 9

The VA-Form 9 is an essential part of a disability appeal, with errors likely to leave you with a denied claim. Take time to fill out all details in your form, paying attention to the required field marks. The VA Form 9 does not support new claims, with veterans advised to refrain from submitting new information at this juncture. Ensure that you also submit it within the required time, with missed deadlines likely to lead to disqualification.

Failure to Disclose Mental Health Conditions

Mental health conditions remain a silent topic of conversation even among veterans, with numerous service personnel opting to keep such struggles to themselves. The VA provides adequate compensation for mental health claims, with benefits catering to PTSD, depression, anxiety, and sleep orders. Trauma by active personnel could also manifest in panic attacks and amnesia, other areas that VA benefits cover. The VA’s medical experts will often rate the severity level for these cases, with multiple health conditions often receiving individual ratings. These are then factored into your disability rating, increasing your chances of a favorable appeal claim.

Ensure that these conditions have supporting medical evidence detailing the treatment received and future checkups needed for recovery. Your medical team should also link your condition to your service time, with time specifications making a massive difference in your claim.

A denied VA disability claim should not end your resolve to get what you are owed, with an appeal providing the perfect opportunity to increase your case’s visibility. Avoiding the above mistakes will help you stand a better chance of receiving your benefits, so make it a point to avoid them in your next appeal process. Ensure you also provide sufficient evidence for your claim and work with the right legal experts.

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RuthView all posts by Ruth
“Don’t bend; don’t water it down; don’t try to make it logical; don’t edit your own soul according to the fashion. Rather, follow your most intense obsessions mercilessly.” — Franz Kafka Ruth is an inspirational entertainment journalist who instinctively sees the best in all and seeks to share universal beauty, love and positivity. She is an artist who leads with her heart and gives readers a glimpse of the best of this world through the masterful use of the written word. Ruth was born in Tacoma, Washington but now calls Yelm, Washington her home. She lives on five acres with her parents, a dog, two miniature goats, cats and a teenage daughter who is a dynamic visual artist herself. Ruth interviews fellow artists both inside and outside of the film/television industry. At the core of all she does is the strength of her faith.

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