For veterans, receiving a denied VA disability claim can feel like a huge step back from living a financially stable life. VA benefits provide essential financial support for veterans who have a medical condition related to their military service. If a veteran received a denied or lower disability rating than they expected, they have the option to appeal the claim. In California, there are specific state regulations and challenges veterans should be aware of if they choose to appeal a claim in the state. This blog will cover how to appeal a denied VA disability claim in California so veterans can feel prepared to take this next step.
Understanding the VA Disability Claims Process
When the VA reviews an initial claim for VA disability benefits, they take a look at all the evidence provided such as medical records, service records, and anything else that shows the connection between the condition and military service. After reviewing they will assign a disability rating based on how severe the condition is, if it was approved.
Below are some common reasons why a claim might be denied or receive a reduced rating:
- Insufficient Evidence: If the claim fails to show service connection or the severity of the condition it may be denied
- Missed Deadlines: Failure to meet required filing deadlines can result in a denial.
- Incomplete Application: Missing forms or important details in the claim can lead to rejection.
Options for Appealing a Denied VA Disability Claim
When considering appealing a denied VA disability claim in California, there are three main options veterans can consider depending on their circumstances.
- Supplemental Claim: This type of claim allows you to present new information that was not originally in your original application. This is a good option for veterans who found new medical records that could support their case.
- Higher-Level Review: A Higher-Level Review is more formal than a supplemental claim, this is where a senior VA re-evaluates your case without submitting any new evidence. This review is best in situations where there were legal errors or misinterpretations with the original decision.
- Board Appeal (Board of Veterans’ Appeals): If your claim is more complex, a Board Appeal may be the right route to take. You have the option to have the case reviewed as it is, submit additional evidence for review, or present your case before a judge with or without new evidence.
The VA Appeals Process in California
California offers veterans several resources to navigate the VA appeals process, including the state’s Regional Benefits Offices in Los Angeles, San Diego, and Oakland. These offices handle appeals and claims for veterans based on their location, and each office has its own processing timelines and workload.
Veterans in California can also benefit from local support through Veterans Service Organizations (VSOs), which offer free assistance with filing appeals and reviewing documentation. Other programs like CalVet provide state-specific guidance, helping veterans understand the appeals process while connecting them with other benefits and services tailored to their needs.
Take the Next Step to Financial Stability
While getting a denied claim or low rating can be frustrating, it is important for veterans to not give up hope in their VA disability journey. By being aware of the different appeal options and resources in California, veterans can be prepared to take the next step to a successful outcome
If you’re ready to take the next step in appealing your claim, don’t hesitate to seek professional guidance. Here at Unruh Law, we understand the complexities involved with VA claims and appeals. Contact us today to get the benefits you deserve.