Unfortunately, many Veterans are denied benefits because of mistakes the VA made in rating their claims. If your disability claim was denied and you plan to appeal, you have a good chance of winning your appeal if you can prove there was an error in rating your claim. Common errors made by the VA in rating disability claims, include:
- Failing to notify you of required evidence of your disability. The VA must notify you of all required documentation you must provide to prove your claim, as well evidence the agency will gather on your behalf.
- Failing to provide a medical examination or opinion. The VA must provide a medical examination when there isn’t enough medical evidence to support your claim that your injury is service-related, but there is evidence of your disability, evidence you experienced a service-related injury and evidence that military duty may have caused your injury.
- The VA provided an inadequate medical exam or opinion. The medical provider performing the exam must specialize in the type of disability being evaluated. He must also provide a detailed explanation for the determination he makes regarding the injury.
- The VA failed to help you in obtain records that are related to your claim. The VA is required by law to help you get the records that could support your disability claim. It’s crucial that you all information on when and where you received treatment so the VA can obtain your records.
- The Board of Veterans Appeals (BVA) provided an inadequate explanation for their decision. The BVA must provide a detailed explanation of the reasons for their decision as well as the law on which their decision was based. An attorney specializing in VA benefits may be able to check to see if the BVA failed to address any evidence that may have supported your claim.
