As Dallas veterans’ disability attorneys, we have all sorts of good reasons why you should appeal a denied VA claim. However, we also recognize that there are some cases and situations in which appealing your claim for disability benefits is not worth your time, energy, or money. Below, we’ll look at three example of when you shouldn’t appeal your claim:
• You can’t connect your disability to your service. Sadly, there are some cases in which a veteran simply cannot prove that his or her health condition was created or made worse by active duty service – even if that was truly the case. While there are some limited examples of diseases that do not need to be directly tied to your service, most disability claims need to clearly draw that connection.
• Your disability doesn’t impact your life. It may be true that you have a health issue that was caused by your service in the military, but it may also be true that your disability simply isn’t severe enough to earn a disability rating or to result in benefits.
• You agree with the reason for your claim’s denial. In your notification, the VA will explain the reason for your denied, reduced, or terminated claim. It may be that although you are upset with the decision, you also know that it is accurate. In these cases, an appeal may not be necessary.
It is always a good idea to speak with a knowledgeable and experienced TX disability attorney about your possible appeal – even if you aren’t sure whether or not Veterans Affairs has made a mistake. Our VA claim lawyers can help you understand your best course of action and your chances for approval down the line. For a free case evaluation at Morgan & Weisbrod, call 800-800-6353.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.