Receiving a denial for your VA disability claim can be both frustrating and disheartening. However, you are far from alone. Many veterans experience initial denials, even with clear, service-connected disabilities. The good news is that denial is not the end of the process.
Several appeal paths are available to help you pursue the benefits you deserve.
At KAASS LAW, we are committed to supporting veterans throughout California. If your disability claim was denied, we are here to help you understand your rights, strengthen your appeal, and work toward a successful outcome.
Why Was Your VA Disability Claim Denied?
To begin with, it’s important to understand why the VA denied your disability claim. In most cases, denials happen due to:
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A lack of a clear service connection
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Insufficient medical evidence
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Disagreements over the severity of the condition
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Incomplete application or procedural errors
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Missed deadlines during the claims process
Although these reasons may seem final, many of them can be addressed during the appeal process. Therefore, understanding the specific reason behind your denial is essential.
Step 1: Carefully Review the Denial Letter
First and foremost, read the VA’s decision letter in detail. This letter—called the Rating Decision—explains the VA’s reasoning. Specifically, it outlines what medical and service records were considered, what rating (if any) was assigned, and why the disability claim was not approved.
This letter often contains the clues needed to build a successful appeal. If anything is unclear, do not hesitate to contact an attorney familiar with VA procedures. At KAASS LAW, we are happy to review denial letters and explain your legal options.
Know Your Appeal Options After a Denied Disability Claim
Since 2019, the VA has used a new system for appeals under the Appeals Modernization Act (AMA). As a result, veterans now have three options for challenging a denied disability claim:
1. Supplemental Claim
This option is ideal if you have new, relevant evidence. For example, you might submit updated medical records or expert opinions that weren’t included in your original claim.
2. Higher-Level Review
Alternatively, you can request that a senior VA claims reviewer re-examine your file. Although you can’t add new evidence here, you may request a phone conference to explain where the original decision went wrong.
3. Board Appeal
Finally, you can appeal directly to the Board of Veterans’ Appeals. Depending on your choice, you can either submit new evidence, request a hearing, or ask for a direct review with no new materials.
Each path has pros and cons. Thus, it’s important to select the approach that aligns best with your circumstances. At KAASS LAW, we help veterans assess their options and choose a strategy tailored to their case.
Strengthening Your VA Disability Claim With New Evidence
In many situations, submitting additional evidence can turn the tide in your favor. Some examples of helpful evidence include:
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Independent medical evaluations (IMEs)
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Statements from fellow service members or family
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Updated medical reports or diagnostic tests
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Service logs or incident reports
Moreover, you should clearly connect this evidence to your service history and current disability. A well-supported claim is much more likely to succeed on appeal.
Don’t Miss Critical Deadlines for Your Disability Claim
Timing matters. You typically have one year from the date of your denial letter to file an appeal. After that, your claim may be permanently closed unless you can reopen it with new evidence.
Because these deadlines are firm, it’s essential to act quickly. Partnering with an attorney ensures that all paperwork is completed accurately and filed on time.
How KAASS LAW Supports Veterans With Denied Disability Claims
Facing a denied disability claim can be overwhelming, especially when you’re already dealing with a serious medical condition. That’s where we come in.
At KAASS LAW, we offer:
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Personalized legal advice based on your denial
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Assistance with choosing the right appeal track
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Help in obtaining and submitting new evidence
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Representation during hearings before the VA Board
With decades of experience in administrative and injury law, our attorneys are ready to guide you every step of the way. Visit our Veterans Benefits Claims page to learn more about how we serve veterans in California.
FAQs About VA Disability Claims and Appeals
Can I hire an attorney to help with my appeal?
Yes, and doing so often increases your chances of success. An attorney can spot errors, gather compelling evidence, and communicate effectively with VA officials.
What happens if my appeal is denied again?
If that occurs, you still have options. You may file a supplemental claim or escalate your case to the U.S. Court of Appeals for Veterans Claims.
Will I owe attorney’s fees upfront?
In most cases, no. Many attorneys, including those at KAASS LAW, work on a contingency basis, meaning you pay only if your appeal succeeds.
Helpful Resources for Disability Claim Appeals
The VA provides useful tools and forms through its online portal. You can track your appeal, upload documents, and review deadlines at:
VA Decision Reviews and Appeals
This site is updated regularly and offers direct guidance for veterans managing their appeals.
A Denied VA Disability Claim Is Not the End
In conclusion, a denied disability claim can feel like a major setback, but it doesn’t have to be permanent. Many veterans are awarded benefits after appeal, especially when they present strong evidence and follow the proper channels.
If your claim was denied, don’t give up. Contact KAASS LAW for a free consultation. Let us fight for the benefits and recognition your service deserves.
You may also want to read our related article on appealing Social Security Disability denials if you are filing multiple disability claims.
KAASS LAW – Advocating for veterans, one disability claim at a time.