When a veteran has his or her claim for disability benefits denied it is quite natural to wonder if it is best to appeal or begin a new claim from scratch. Knowing the delays involved in appealing the decision makes this option attractive; however, an attorney for VA disability will tell you there are reasons not to do this.
* If your initial claim is denied and you make a second application which eventually results in an award of benefits, the back dated amount will only go back to the date of the second application. If you win an appeal the back dated amount is calculated from the date of the initial application. This can be a considerable difference.
* If you do opt to reapply you must accompany it with new and material evidence. If nothing has changed and you do not have any new evidence to support a new claim, a new application will not be accepted. Sticking with the initial application and appealing is the only option available.
If you find it difficult to understand what your options are it is always wise to seek the opinion of a knowledgeable attorney for VA disability claims.
The decision becomes final:
Once a VA official decides to deny benefits, you have one year in which you can appeal, if you don’t appeal in a year the decision is irreversible.
When a claim is denied it can be reopened by presenting new and/or material evidence when you are claiming for the same disability. An attorney for VA disability can help gather evidence as well as provide new facts that were not included in the original submission. If the reason given for the denial is related to a lack of evidence that the injury or disease is not service related it is often necessary to get a statement from a witness, someone that served with you.
If your application for VA disability benefits is denied it is always best to hire an attorney for VA disability and appeal what you consider to be an erroneous decision. You are invited to contact Jackson & MacNichol, Attorneys at Law.
2 people like this post.