Veterans: Denied disability? Feel your rating is too low? We can help!
Disabled veterans often think once they have been denied benefits, or their disability has been underrated by the VA, their fate is written in stone. This is not at all the case.
If your claim was denied, under the Appeals Modernization Act (AMA), you can file a Supplemental Claim to provide the Veterans Administration (VA) with new relevant, evidence regarding your disability. The information you provide must not have previously been reviewed by the VA. That could be updated treatment notes, a new Disability Benefits Questionnaire, new service records, or a medical opinion connecting your impairment to your service.
It’s important to file your Supplemental Claim within one year of the denial. If you do, and your benefits are later awarded, your back benefits can reach back to the date of your original claim.
Additionally, as time passes, federal laws and VA regulations change. If you were previously denied because there was some doubt your condition was caused through your service you can reapply or file a supplemental claim without new medical evidence. For example, the PACT Act, which was signed into law in 2022, recognizes medical conditions suffered by veterans due to exposure to toxic environments such as burn pits, radiation and Agent Orange. Claimants need to show they served in a location and time period covered by the Act, and that they have been diagnosed with one of the conditions the Act presumes to be connected to that exposure.
If you have new evidence that your existing disability has worsened or a primary service-connected condition has caused a secondary illness such as depression or a change in your mobility, you can file for a rating increase. Updated medical tests, opinions from specialists, and information from employers as to how your ability to work has been affected help prove your rating should be changed.
Don’t give up if your initial claim has been denied, or you feel your rating does not cover the full extent of your disability. Our team of attorneys have the expertise in VA disability law needed to help you get the benefits you deserve, including any back benefits you are due. Contact us for a free case review by calling 1-855-963-2054.
