Do You Have a Strong Appeal for VA Benefits?

There are many steps in a claim for VA benefits. Most people who are initially denied benefits can bring an appeal. But is an appeal worth your time? Not everyone is approved on appeal, and a weak claim will not result in benefits. Empowerment Legal, PLLC, has handled many appeals, so we know when a client has a strong case. Call our office to schedule a free consultation.

Signs You Have a Strong Appeal

Most applicants win appeals when the original decision is based on inaccurate facts or an erroneous reading or application of the law. Some signs you have a solid chance of success on appeal include:

• The VA made factual errors. Your notice letter could be replete with factual errors, which is a sign the VA did a sloppy job analyzing your claim. You have a strong appeal if you can point out how the factual errors led to an unfair denial.
• Your disability rating is too low. You could be experiencing symptoms which meet a higher rating criteria. For example, the VA could have overlooked functional limitations, such as the impact on your daily life and ability to care for yourself. Often, the VA relies too heavily on their own exams, which could be cursory. You might have a solid appeal if you can supplement with medical evidence establishing your disability.
• The VA ignored favorable evidence. They could have failed completely to take into account lay statements about how your disability impacts your life. We can emphasize this overlooked evidence on appeal.
• The VA misread or misapplied the law. The government sometimes makes mistakes when it comes to correctly interpreting the rules that apply to benefit claim. You definitely have a strong argument if a correct reading of the law works in your favor.

Simply being unhappy with the result is not proof you can win an appeal. Instead, we usually point to something tangible to claim you deserve benefits. When the VA makes a legal or factual mistake, then your chances are the highest of winning on appeal.

Get an Attorney’s Perspective

A lawyer will have a stronger idea of the strength of your appeal. You might not have used a lawyer when filing your initial application, so reach out to one as soon as possible. Share your notice letter, rating decision, and other evidence. Your lawyer needs to see the full factual record to offer accurate legal advice.

A lawyer can also help track down evidence to supplement a claim. It’s not unusual for veterans to fail to submit required information with an initial application, leading to a denial. Once your claim is built up properly, then the VA might grant benefits.

Schedule a Consultation to Discuss a Possible Appeal

We can handle your appeal from start to finish, ensuring that you meet deadlines and provide requested documentation. Please avoid delay, since time is limited. Contact our office to schedule a consultation with a Jacksonville VA benefits appeal lawyer at Empowerment Legal, PLLC.