Can You Appeal a VA Disability Denial More Than Once?

Can You Appeal a VA Disability Denial More Than Once?

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.

Understanding the VA Disability Appeals Process

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:

• Supplemental Claim allows you to submit new and relevant evidence.
• Higher-Level Review involves a senior reviewer examining the initial decision without new evidence.
• Board of Appeals review lets a Veterans Law Judge review your case, with options to submit new evidence or request a hearing.

The Possibility of Multiple Appeals

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.

Why Appealing More Than Once May Be Necessary

Several scenarios may warrant multiple appeals:

• New Evidence: If new, relevant evidence that supports your claim becomes available after an initial denial, re-appealing with this information can be crucial.
• Errors in the Decision: Sometimes, decisions are based on clear and unmistakable errors. Highlighting these mistakes can be grounds for an appeal.
• Change in Law or VA Policy: Occasionally, changes in legal interpretations or VA policies can affect your eligibility positively.

Strengthening Your Case for Appeal

To improve your chances of a successful appeal, consider the following strategies:

• Gather Comprehensive Evidence: This includes medical records, statements from healthcare providers, and any documentation that supports your claim.
• Seek Legal Assistance: Working with an experienced VA benefits lawyer, like those at Comerford Law Office, can provide invaluable guidance through the complex appeals process. Our knowledge can help in gathering evidence, presenting your case effectively, and navigating the intricacies of VA law.
• Be Persistent: Persistence is key in the appeals process. Understanding your rights and the avenues available to you can make all the difference.

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.

Contact Us

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.