The VA denies many initial disability benefits claims for various reasons. Some of the reasons for denials include application errors, insufficient medical evidence, or a failure to attend a compensation and pension exam. The VA also denies disability benefits claims when it determines that a veteran’s medical condition lacks a service connection – in other words, the veteran’s military service did not cause or aggravate the condition. But what steps should you take if the VA denies your claim because of a lack of service connection?
Understand the VA’s Reason(s) for Denial
The first step after receiving a denial notice for your VA disability claim should include reviewing the notice to understand why the VA denied your claim. Carefully examining the denial notice can help you determine whether the VA denied your claim due to a lack of a service connection for your medical condition and understand why the VA found a lack of a service connection. Some of the common reasons why the VA may conclude that a veteran’s condition lacks a service connection include:
- Insufficient evidence of an in-service event or injury
- Lack of evidence of a medical nexus between an in-service event or injury and the medical condition
- Lack of evidence that an in-service event or injury aggravated a pre-existing condition
Understanding how your application’s evidence fell short in proving a service connection can help you prepare an appeal of your disability benefits claim.
Gather Supporting Evidence
Next, you should begin gathering additional evidence that can strengthen your claim of a service connection for your medical condition. Sources of evidence you might examine include:
- Your service records and in-service incident reports
- In-service medical treatment records
- VA or private medical records documenting a continuity of symptoms stretching back to your military service
- Buddy statements from fellow service members or commanding officers to corroborate in-service events
- Nexus letters from medical professionals to explain the link between in-service events and your medical condition
Medical evidence, including reports and testimony from your treating providers and medical experts, can provide the most substantial evidence of a connection between your military service and your medical condition.
Consider Filing an Appeal
The VA offers three options for appealing a denial of a disability benefits claim. Although each option involves different procedures and reviews, choosing one option does not bar you from pursuing another option if the first option does not result in success. Appeal options include:
- Supplemental claim: Allows you to submit additional evidence not previously considered by the VA.
- Higher level review: Has a more senior claims reviewer examine your application; you may not submit additional evidence.
- Hearing before the Board of Veterans Appeals: Allow you to present your arguments and additional evidence to a Veterans Law Judge who specializes in VA laws and regulations.
You have one year from the date of the denial notice to pursue administrative appeals of your disability claim. After exhausting your appeal rights in the VA, you can further appeal by filing a court action with the U.S. Court of Appeals for Veterans Claims.
Get Help from a VA-Accredited Attorney
Most importantly, you should seek advice and assistance from an experienced VA disability lawyer. A VA-accredited attorney will understand the disability benefits claims process and can help you improve the strength of your application and advocate on your behalf during the appeals process.
Contact a VA Disability Lawyer Today
After the VA denies your benefits claim for lack of evidence of a service connection, you have the right to continue pursuing the financial benefits you need and deserve. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits attorney to discuss the next steps you should take when you receive a denial notice for your disability claim.
