Many claims for veterans disability benefits are denied, at this time it is reasonable to ask “what next?” Many applicants elect to start all over but this is often not the right thing to do, it is usually better to appeal VA disability claim; here’s why:
* If you reapply rather than lodge an appeal and you finally win an award it will be backdated to the date of the new application. If you appeal and you are granted an award the benefits are backdated to the date of the initial application.
* If you reopen a claim when the denial of benefits was based on the need to show new and material evidence, if you fail to provide new material your appeal is bound to fail.
It can be hard for a veteran to know which way to turn, this is the right time to consult with a lawyer to see if he or she is of the opinion that you should appeal VA disability claim.
Final decisions:
There is no need to rush into making a decision, the VA allows you one year to appeal. If you fail to act in that time the decision that was made by the VA becomes final, then the decision has been made for you; you must start again.
From the VAs point of view there are three types of claims:
* The original claim
* A claim for a revised decision based on a clear and unmistakable error, and
* A new or reopened claim that includes new and material evidence
If you are of the opinion that you submitted a valid claim and it should be granted approval then lodging an appeal is the best approach. With the VA admitting to the fact that they make many errors, the denial of benefits is often overturned upon appeal.
If your application for veterans disability benefits has been denied you should appeal VA disability claim. It is always best to hire a lawyer at this stage, you are invited to discuss your claim with Jackson & MacNichol, Attorneys at Law. Like us on our facebook page.
