Mistakes to Avoid When Applying for VA Disability Benefits

August 21, 2023

Applying for VA disability benefits can be a daunting task. It is common for applicants to make mistakes during the process, which may affect the outcome of their claim. The VA can also deny a person’s claim if they find their case unsatisfactory. If you want your case to be successful, take your time to research the necessary items required for the application and plan it well. The following are common mistakes that can deny you your VA disability benefits.

Failing to File Secondary Conditions

These are conditions that are related to a disorder that is already linked to your service. This is a common mistake that many veterans make when applying for benefits. Clinical evidence is usually critical for both secondary and basic conditions. All secondary conditions, including veterans mental psychiatric conditions, are crucial when applying for disability benefits.

Missing Deadlines

The VA doesn’t entertain missed deadlines, regardless of how someone deserves the benefits. One way to mitigate this is consulting a lawyer since they have vast knowledge regarding deadlines. This increases your chances of being approved for the benefits in the first round.

Knowing the stipulated deadlines is also helpful during the appeal process since VA has to evaluate different decisions that influence your claim. For instance, an appeal can only be made within 12 months after the rating decision. If you fail to adhere to the appeal deadline after the VA decision, you can only revive your claim with new evidence. If you fail to do so, your claim will remain denied.

Failing to Prove a Clear Connection

For you to be eligible for VA disability benefits, there must be a clear connection between your condition and service. To get maximum benefits, presenting a complete account of the situation that caused your injury or condition is crucial. For instance, if an individual has cancer, the claim must indicate all the details of the circumstances that exposed them to the situation.

Exaggerating the Impact of Your Disability

Some people think exaggerating their symptoms is a smart way of convincing the VA about their disability. Unfortunately, this may question the whole claim and affect your benefits. Although you must explain your situation thoroughly, ensure your information is accurate. If your file is detected to have inconsistencies, the VA can easily discredit your case based on false information.

Failing to Claim Your Unemployability as a Result of the Disability

If a disability linked to your service affects your ability to work, you are eligible for IU (Individual Unemployability). This qualifies you for extra insurance and compensation apart from your VA disability benefits. Many veterans usually don’t lack sufficient information concerning their disability benefits, making them miss the helpful resources that they deserve.

Failing to Appeal

If you receive a low disability rating, or it is denied, you can appeal your case. You can appeal your case to the VA Regional Office through your attorney. Ensure your appeal is done where you made your initial application. You should request a Decision Review Officer to review your case or request a hearing before the office.

Failing to Consult an Attorney After Denial

Matters concerning VA disability laws are usually complicated. Unfortunately, many individuals applying for benefits lack information about the procedures involved. If your claim doesn't get approved, consider consulting an experienced attorney. They usually understand the basis of the appeal process and will help you determine the best action.

Although you may qualify for a claim, making mistakes can limit or even deny your disability benefits. Seeking help from experts can help you avoid these issues and maintain and maximize your benefits.

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Carlos Diaz
I believe in making the impossible possible because there’s no fun in giving up. Travel, design, fashion and current trends in the field of industrial construction are topics that I enjoy writing about.

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