It certainly is not fair being denied of the veterans health benefits you deserve and being left to tend to your conditions on your own after devoting your life to military service. If you haven’t given up in the battlefield, however, the more you shouldn’t give up now.
Note that the Department of Veterans Affairs (VA) has a high error rate, and a lot of denials are usually overturned after they get appealed. The VA admits to an error rate of 14%. On the other hand, the Center for Investigative Reporting says its 38%. In 2011, an audit performed by the Office of Inspector General showed that of 45,000 claims inspected, 23% were processed incorrectly by the rating staff. Three years earlier than that, two advocacy groups representing around 60,000 veterans filed a lawsuit claiming that VA is taking up to 4 years processing claims, the impact of which included broken families, financial devastation, homelessness and suicide.
On the other hand, denials may also result if you fail to show sufficient evidence or present your facts correctly. Here are some common causes of denials according to Disability Secrets:
- the medical evidence submitted isn’t sufficient to substantiate your disability;
- you may have a disability but it’s not relevant to your military service;
- your disability may be service-connected but they may give it a rating too low relative to your symptoms;
- the disability was pre-existing and not aggravated by your military service
These denials have great odds of getting overturned if you can obtain the necessary documents to counter them. According to a VA blog, it takes about 175 days for the agency to gather evidence for the claim in behalf of an applicant and not everyone is aware that they need to submit supporting evidence. So, find all military and medical records and don’t just depend on the VA to do them all for you. Moreover, in addition to attending the medical exams VA sends you in for, it would be best to obtain your own medical opinion. By being proactive in your filing, you can help reduce compensation delay.
Benefits can be reduced by the VA based on the ratings it assigns as well. It would be best that you find a qualified veterans disability attorney, such as Jan Dils, Attorney At Law immediately if the VA proposes to lower your compensation. A lawyer can help ease up things for you and guide you through the extensive documentations and hearings involved in the appeals process.
Getting Your Claim Processed Favorably and Quickly: Some Helpful Hints, Blogs.VA.Gov
Denial of VA Disability Claims – What you need to know, DisabilityAdvisor.com