Appealing a Denied VA Claim

Category: Veterans Disability Law

Article by Tuley Law staff

Appealing a Denied VA Claim

If you are an injured or disabled veteran, you may be entitled to disability benefits through the Department of Veterans Affairs (VA). However, applying for disability through the VA can be cumbersome. Receiving a denied claim can be even more frustrating, but it doesn’t have to be. If you receive notice your VA claim for disability benefits was denied, the experienced attorneys at Tuley Law can assist you throughout the legal process of an appeal.

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Types of VA Claims

There are several different types of claims veterans or their survivors may file with the Department of Veterans Affairs (VA). Types of claims can include:

  • Original claim – your first application for disability compensation through the VA
  • Increased claim – a claim for a increased rating and increased compensation for a condition that has already been claimed and service connected
  • New claim – filed to receive additional financial support, specialized monthly payments, or individual unemployability status
  • Secondary service connection claim – a claim filed when you have a newly developed condition caused by an already service-connected condition
  • Special claims – claims for needs like specialized equipment or clothing or temporary increased payments due to hospitalization
  • Supplemental Claim – a claim filed when you have new evidence to support a claim that was previously denied and not appealed

Appeals Process

Figuring out when to appeal a claim and how to do so is a crucial step in the process of obtaining veterans’ disability benefits.  When and how to file an appeal on a denied claim depends on several factors, including when the original claim was filed, whether your claim falls under the “legacy” claims process or the recent Appeals Modernization Act, what kind of evidence supports your claim, and whether additional evidence or expert statements are needed.

Common Reasons for Denials

If your claim for veterans’ benefits has been denied, it may be for one of several common reasons.

  • insufficient medical evidence
  • insufficient evidence of service connection
  • missed deadline
  • incorrect form filed
  • VA ruled the condition to be pre-existing

Contact the attorneys at Tuley Law Office for legal assistance in appealing your claim.  We can help you find the evidence you need to get your appeal granted and the benefits you should have been awarded.

Cost of Hiring an Attorney for Veterans Disability Claim Appeal

We do not receive a fee for representing you in your Veterans Disability claim unless you win and are awarded backpay for payments the VA should have been paying you all along.

Contact a Veterans Disability Attorney Today

Our legal team is experienced in VA disability claims.  Contact us today for a free, no-obligation consultation on your case.

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