Lawyers for American Vets can help
It can be frustrating to receive a denial, after waiting months for your claim to be processed. The simple truth is that a large portion of disability claims processed by the VA are denied. There are many reasons a claim is denied. Sometimes the VA doesn’t have enough medical or other evidence to grant the claim. In other instances, the VA may not have all of your service records which show your injury in service. Regardless of the reason, we can help.
Common Reasons your Claim is Being Denied
There are a number of reasons why a VA claim can be denied by the VA. In fact, the Veterans Affairs website states have over 75% of all initial applications are denied. Here are the top 5 reasons your claim may be denied:
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Failing to attend a C&P examination.
If the VA schedules you for a Compensation and Pension Exam (“C&P), and you fail to attend the VA will automatically deny your claim. In some cases, the VA has scheduled a Veteran for an exam but the Veteran was never notified of the date and time or the notice was received by the Veteran after the schedule date had passed. If this happened to you, you have the right to appeal this decision and request a new examination be ordered.
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Failing to submit adequate evidence to support your claim.
You may have simply not provided enough evidence for the VA to make an informed decision. The Veteran is responsible for providing the VA with all evidence to help process the claim. Evidence includes pertinent medical records, service records, medical examinations, employment records and in some cases, social security records to help substantiate the claim. If the VA doesn’t have all of the necessary information to make an informed decision, your claim may be denied.
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Submission of the wrong forms.
After a claim has been denied, the VA has certain requirements for what must be filed by the Veteran on certain forms. If you complete the wrong form, the VA can outright deny or not process your claim. If you have questions about which form to complete, check out our chart (insert chart/graph) or call us. We will be happy to help you determine which form needs to be completed to help you pursue your claims.
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Lack of a current diagnosis or disability.
To be granted service connection, a Veteran has to show a illness or injury which occurred in service is related to his current diagnosis or disability. If you do not have a current diagnosis or disability for the condition you are claiming service-connection, the VA can deny your claim.
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Lack of proof your injury occurred in service.
You must be able to show your diagnosis or disability is related to what transpired in service. The most common evidence used is your Service Treatment Records (“STR”). If the VA is not able to obtain your STR, you can request a copy of your STR file from the National Personal Records Center. If no records are found, you can still prove your injury happened during service by the use of statements in support from yourself, family members, friends and/or other fellow servicemen who were aware of your condition or symptoms during service.
If your claim has been denied, do not give up. We know how to obtain the evidence and present the information you need to reach a favorable outcome. Contact us today for a free consultation.
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