Veteran's Options For Long Term Disability Denial

Veterans have the option for filing for disability compensation through Veteran's Affairs, more commonly known as the VA. As with any type of insurance there is complex paperwork, documentation and supporting evidence that must be provided to substantiate the request for financial assistance. In many situations veterans that apply for long term disability through the VA end up receiving a denial of claim notification. However, if you have received a long term disability denial there are options for appealing the decision and obtaining your justly deserved financial support.

The first step in the disability denial appeal process needs to begin with getting a qualified, experienced VA disability attorney involved in your case. There is often additional documentation and supporting evidence that the attorney can suggest and assist in presenting through the appeals steps. If you don't use an attorney there is a definite possibility that the claim will again be denied unless you are able to determine what specifically they are looking for to approve the claim.

There are definite parts of the long term disability denial appeal process through the VA. You must follow the correct procedures and you cannot skip any steps or miss any deadlines for filing appeals or requested documentation. This can be confusing and difficult to follow unless you have a strong advocate to ensure your case moves forward following the correct format.

The first step in the appeal is to file a notice of disagreement with the denial finding. Typically a disability denial happens because of lack of paperwork, but this is not the step to provide that documentation. All that is required is that you file a written notice of disagreement within one year of the denial. When seeking benefits most people don't wait one year, but you do have that option. At this time you may request a personal hearing so you can present information directly to the VA representative. Having legal representation at this or any other hearing is absolutely essential. You should also have additional or supplemental evidence or medical records to provide at this time.

Even if you attend the hearing and the long term disability denial is upheld, you still have options to proceed. The VA will send a Statement of Case which clearly outlines why the denial was upheld as well as the paperwork required for a more formal appeal. At this point, if an attorney isn't currently involved getting legal advice and representation is essential. This hearing will be more formal and will not be with a local representative but rather a member of the Board of Veteran's Appeals. These meeting may be held in person, at the Board offices in Washington, DC, or more commonly via a video or teleconference from your local VA. You must submit a document, VA Form 9, to request this appeal hearing with a Board member. This request must accompany additional evidence and documentation with regards to your medical condition. There are additional components to this request including a written statement of your disagreement with the denial and specific details as to the errors in the VA determination.

Even if you have a long term disability denial at the Board member hearing there are still legal options. While most cases don't go this far, it is possible to file an appeal with the Court of Appeals for Veterans Claims. To avoid these types of lengthy appeals, getting an attorney involved at the first step in the denial process, or more ideally when you submit the claim is highly recommended.