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There are few things more frustrating than having your VA claim denied. After spending years serving your country, you deserve support for any psychiatric issues you developed during your time in the military. The good news is a denial is not the end of the line for your claim.
You have the right to appeal your decision, and that process is often successful in reversing a denial or an unreasonably low award. You also have the right to hire legal counsel to advocate on your behalf throughout the appellate process. At Gang & Associates, our VA disability appeal lawyer team is ready to help you get the compensation you deserve.
Why Psychiatric Claims Get Denied
There are several reasons why the VA might deny a claim for disability benefits. The failure to meet even one of the requirements can be enough to lead to a rejection letter. Understanding how denials are possible is an important first step in dealing with them.
When it comes to psychiatric claims, it is important to remember that the VA cannot deny your claim outright because they believe you have a different type of mental illness than the one you claimed. That means if you were denied because the illness you have is inconsistent with the one you were diagnosed with, you have the opportunity to re-characterize your claim during the appeals process.
Lack of a Proper Diagnosis
A psychiatric claim will not get far without a proper diagnosis from a certified medical professional. It is not enough to believe you have a condition like PTSD or even that you show known symptoms. Without a formal diagnosis, your claim will be denied.
Inadequate Documentation
The process of filing for VA disability benefits involves a lot of paperwork, and much of it is confusing. Any failure to complete this documentation could result in a denial. This could involve sections of forms left blank or even the wrong forms used.
Lack of Service Connection
One of the most common reasons for a denial is the lack of evidence that your condition is service-connected. Unlike acute injuries like broken bones or head trauma, it is challenging to determine the origin of many psychiatric disorders. The more time that passes between your service and the claim you file, the more difficult it might be to link the two. Thankfully, a VA disability appeal lawyer from our firm can help make that connection during the appellate process.
You Have the Option to Appeal
Not only do you have the opportunity to appeal the decision in your case, but you also have options for which path your case takes. This is true following a denial, but you also have the opportunity to appeal if your award is lower than you anticipated.
During this process, you will have the chance to choose from three different review options. They include filing a Supplemental Claim, seeking Higher-Level Review, or making a Board Appeal. Supplemental Claims are a good option if you intend to submit additional proof that you had not originally included, while Higher-Level Review is better in cases where you believe a mistake was in your original decision.
A Board Appeal is heard by a Veterans Law Judge in Washington, D.C. There are different types of Board Appeals, but only some options allow you to provide additional evidence. If you do not like the outcome of your review, you have the chance to choose a second lane of review or you can appeal a Board decision to the Court of Appeals for Veterans Claims. The attorneys of Gang & Associates can help you navigate every stage of this process.
Making a Strong Case for Benefits
On appeal, you will need to make a strong case for benefits. This involves meeting three distinct elements. First, your claim will only be successful if you have a current diagnosis of some kind of mental disability. To be current, it must be a condition you are still dealing with as opposed to something you have already addressed and moved on from. This excludes conditions you were born with or obtained prior to your military service unless a service-related event worsened the issue.
Second, a successful claim requires some kind of in-service event that either caused your psychiatric issue or worsened it. This could involve recovering from a serious injury or surviving a traumatic event.
Finally, there must be a link between the first two elements. You must be able to show that the diagnosed psychiatric condition you are living with occurred due to an event during your service. This is known as a nexus, as it is often one of the most difficult parts of a claim to prove.
A VA Disability Appeal Lawyer Can Help
It is natural to be disappointed about the denial of your claim, but that does not mean all hope is lost. Every year, thousands of veterans secure the benefits they need thanks to the appellate process.
If your benefits have been denied, now is the time to speak with attorneys who understand how to win on the appellate level. The team at Gang & Associates is proud to fight for veterans, and we have built our career on navigating the VA claims system. Contact us right away to learn how we can help with your denied psychiatric claim.