Many veterans are denied compensation for legitimate conditions simply due to a lack of evidence or an unlucky moment of scrutiny during the strict fact-finding process. If you're suffering, don't let the denial get to you too much; there's no penalty to appealing, and the appeal process can be shorter than the initial appeal if you file within a year of denial. If you don't know what to do next and can barely work through the paperwork due to pain or other problematic conditions, consider a few ways to enhance your claim during the appeal process.
Why Does A Year Matter?
When your claim is denied, it will often come with a reason for denial. This reason is designed to give a veteran an idea of what needs to be added or changed for possible approval. Unlike other veterans filing their claim for the first time, your claim has already been examined by a team of professionals who have familiarity (or at least documents to quickly refer to) with your case.
Instead of waiting in a queue of new claims that enter the Veterans Affairs (VA) system on a daily basis, your claim enters a queue of claims and appeals being worked on by that team. The team can't allow you to skip the line forever, and places a year time frame for filing an appeal and responding to their correspondence.
A description of the policy can be found on every claim response, as well as this PDF document from the VA. A year is a long time, and you should at least write a letter to the VA describing your intent to appeal or submit more information to keep the claim going.
You May Need Legal Help With Your Claim
One thing to note is that the VA is not your adversary in the claims process. If you have circumstances that may stop you from filing an appeal or evidence, don't hide it from the VA. The VA can help you get the evidence you need and can even direct you to different, successful services that can help you file the paperwork necessary.
Unfortunately, some of these services may not have the resources to get the results you need. You may need in-depth medical examinations if your local VA hospital doesn't have the proper equipment or is experiencing long wait times. In these situations, a lawyer may be necessary to bring faster attention to your claim and a more comprehensive set of legal assistance.
With an attorney's assistance, a more comprehensive claim that points to specific events in your medical record can be compiled. A medical team with knowledge of the claim system can create an inspection plan and coordinate notes for medical evidence more likely to help your appeal succeed. For more information, contact Edward J. Achrem & Associates, Ltd. or a similar firm.