When a veteran receives a denial for their VA Disability claim, it can feel like a significant setback. However, it’s crucial to understand that a denial is not the end of the road. The appeals process exists for this very reason—to ensure that every veteran has the opportunity to have their case reviewed and reconsidered. But what if your appeal is denied? Can you appeal a VA Disability Denial more than once? The answer is yes, and here’s how.
The first step in navigating a VA Disability denial is understanding the general appeals process. Since the implementation of the Appeals Modernization Act (AMA) in 2017, veterans have access to a more streamlined process when challenging a decision. Under AMA, there are three primary avenues for appeal: Supplemental Claim, Higher-Level Review, and Board of Appeals review.
Each option serves different circumstances:
A common question is whether a veteran can appeal a decision more than once. The answer is multifaceted. If your initial appeal through one of the three channels does not result in a favorable outcome, you can pursue another type of appeal. For instance, if a Supplemental Claim doesn’t yield the desired result, you might consider a Higher-Level Review or an appeal to the Board of Veterans’ Appeals, depending on your situation.
It’s also worth noting that the law permits the continuous pursuit of justice through appeals, provided new evidence comes to light or if there were errors in the initial decision-making process.
Several scenarios may warrant multiple appeals:
To improve your chances of a successful appeal, consider the following strategies:
At Comerford Law Office, LLC, we understand the challenges veterans face when dealing with VA Disability denials. Attorney James Comerford and our dedicated team are committed to advocating for veterans, disabled individuals, and their families. We have a proven track record of helping our clients navigate the appeals process successfully, armed with the right evidence and legal strategy.
If you’ve received a denial for your VA Disability claim, remember that hope is not lost. With the right approach and legal assistance, appealing more than once can lead to a successful outcome. Contact us today for a consultation to discuss how we can assist you in securing the benefits you rightfully deserve.
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Retroactive pay regarding a PTSD misdiagnosis.
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Wrongfully denied SSA claim
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Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease.
ERISA long term disability benefits.