Getting An Advocate Can Help
If you are a disabled veteran and have been denied benefits, you may consider hiring a disability advocate. An experienced disability advocate can help you obtain the benefits you deserve by reviewing your application in depth and filing an appeal on your behalf with the Department of Veterans Affairs Regional Office.
Suppose your claim is still rejected after this review. In that case, you will appeal to the Board of Veterans Appeals, which is composed of four people who review each case individually before deciding whether they agree with the original decision. The Boards decision is final unless they decide to send your case back for more thought.
The Va Denied My Ptsd Disability Claim What Do I Do Now
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
The reality of the situation is that the VA many veterans have been denied for their PTSD Disability claim even when they have medical documentation for it!
Its sad but true, many deserving veterans are denied their legitimate claims for disability compensation. Being denied after putting in hard work, time, emotional and mental efforts into filing a claim can be defeating and exhausting. It can be hard to convince yourself to get up and try again.
The VA Denied my PTSD Claim for Disability, What do I do Now?!
But dont give up! Even though it feels hopeless, a denial is not the end of the journey!
Has Your Claim Been Denied
Filing a claim does not guarantee that you will be given any disability benefits. In fact, the amount of claims that are denied is quite shocking. Why would so many claims be denied when so many veterans are in need of aid? There is no easy answer to this question because there are a number of different reasons that a claim might be denied. The process is very slow and there are a large number of veterans filing claims. The sheer size of paperwork that must be filled out and processed is enough to keep the entire system backlogged for years.
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You Filled Out The Wrong Forms
Sometimes, the VA denies veterans their disability claims because they filled out the wrong forms. The application process is long and involves lengthy documentation. It is completely understandable that Veterans would sometimes make mistakes throughout the process.
Even the right form number may not be enough if you are using an outdated version. When new versions of forms are released, it makes the old version obsolete, and a Veteran may complete the old version without knowing that the VA will reject it.
Working with a competent lawyer for VA disability can help make sure you complete all of the necessary forms correctly.
Ptsd Claim Denied Due To Missing Dsm
You may have your PTSD claim denied due to missing DSM-V criteria. The fifth version of the Diagnostic and Statistical Manual of Mental Disorders outlines the eight components of a Post Traumatic Stress Disorder claim.
If even one required component is missing, the VA claims examiner will likely deny your claim.
Attention to detail is critical in these types of cases. The burden of proof is rather low. So, as long as you can present even a bit of evidence on any point, the VA should find such evidence sufficient. If any of the required components are overlooked at the time of filing, the result will be a likely denial of benefits. That is why consulting an experienced veterans disability attorney is so important.
Stressor
Even after all these years, much about PTSD remains unknown. However, researchers do know that exposure to combat stress causes a chemical imbalance in the brain. That exposure could be:
In all three categories, there must have been a triggering event that could cause death or serious injury, such as a military sexual assault, militant attack, or friendly fire incident.
Intrusion Symptoms
PTSD is never the same in two different people, but most victims have at least one of the following symptoms:
- Recurrent, debilitating memories,
- Emotional distress after a traumatic event, and/or
- Traumatic nightmares.
Symptoms like these are quite common in the weeks after the stressor event. If they persist or do not get better, you may have PTSD.
Avoidance
Attribution
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The Va Might Have Made A Mistake
Yes, unfortunately, the VA also makes mistakes, which is also a common reason PTSD claims are being denied! Many times, veterans assume that the VA already has their medical records or that the VA is on their side. Dont take any stage of your claim process for granted, and remember, fight for what you deserve!
Individual Unemployability Benefits: Help For Vets That Cant Work From Ptsd
The Veterans Administration offers Total Disability Individual Unemployability benefits to veterans who cant work from service-connected disabilities. These benefits pay the same as a 100% rating but have different evidentiary requirements. The difference between a 100% rating and Individual Unemployability is one benefit is based upon ratings while the other is based upon your ability to work.
The VA offers PTSD Individual Unemployability benefits to veterans who meet the VAs guidelines on eligibility. Woods & Woods Individual Unemployability lawyers often work with a vocational expert to help show how your service-connected disabilities are affecting your ability to work. Remember, evidence is always needed to win your claim.
TDIU attorney Zack Evans discusses how veterans get TDIU for PTSD:
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File A Supplemental Claim
This option gives you the chance to submit new evidence. Additional records, buddy letters, and statements from medical professionals all can qualify.
The most important thing is that the evidence is truly NEW and relevant.
The VA will attempt to make their decision on your supplemental claim within 125 days.
Submit A Notice Of Disagreement For Review
After youve had your VA claim denied, it is important to quickly file an appeal, as the appeals process can be lengthy. Using VA form 21-0958, you can file a Notice of Disagreement with the VA to appeal your original claim. By filing this form, you will begin a new claims process with either a decision review officer or the Board of Veterans Appeals .
The advantage of this process is that if your appeal is denied by a DRO, you still have the opportunity to appeal to the BVA. The only disadvantage of this is that you will have to file another appeal, which can lead to even more time without access to disability benefits.
When initiating an appeal, it is important not to get carried away by emotions. Yes, you have every right to feel angry or even cheated by your denial, but this notice is simply to inform the VA that you will be filing an appeal. Be sure to leave any arguments or narratives out of your NODyou will have a chance to explain yourself later.
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What To Do After Your Va Disability Claim Is Denied
After receiving a claim denial letter, many veterans believe that theyve reached the end of the line. However, if your VA claim is denied, you do have up to a year to file for an appeal.
That being said, the appeals process can be complicated and often leads to more headaches than claimants expect. Its important to file sooner rather than laterbut at the same time, you also need to make sure that your appeal is prepared and handled properly to maximize your chances of success.
This is why finding the right VA disability attorney is so crucial.
While the VA may not provide the resources many veterans need to understand and navigate this process, Karl Truman Law is here to help. Before you give up on your VA disability claim, take the following steps for a second chance at receiving the help you deserve.
Your Ailment Isnt Related To Your Service
If youve received the dreaded VA claim denied not service connected message on your account, it means that the rater doesnt consider your disability to be aggravated during military service.
The VA only reimburses benefits to war veterans with aggravated injuries or disabilities incurred on deployment. This means that you need to display a correlation between your symptoms and service for you to obtain disability benefits.
Still, the VA rater may not accept the submitted evidence as proof of an aggravated disability or injury during your years of service. To improve your chances of success, presenting medical evidencesuch as doctor diagnostic reports detailing how your condition was incurred from your previous servicecan help sway the VA in your favor.
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Social Security Disability Covers Ptsd
Social Security disability benefits are available to individuals who suffer from PTSD. There are two main avenues for PTSD-related disability coverage: satisfying the SSAs trauma listing, and obtaining a medical-vocational allowance.
To obtain disability via the trauma listing, an applicant must obtain an official medical diagnosis of PTSD, including medical documentation of five specific factors: exposure to actual or threatened death, injury, or violence later re-experience of the traumatic event avoidance of reminders of the event disturbance in mood and behaviors and increases in mental reactivity. The underlying cause could be any kind of traumatic event, such as war, a fire, a serious car accident, criminal violence, or any other incident that exposed the applicant to the threat of serious injury or death. The applicant must also suffer a requisite level of functional limitation.
Applicants who do not satisfy all of the listing requirements for PTSD may still get a medical-vocational allowance if their PTSD-like symptoms prevent them from working.
What Can A Veteran Do If They Were Denied Due To Lack Of Evidence Of An In
If veterans do not have service personnel records or service medical records related to their in-service event, injury, or illness, they may consider submitting other forms of competent and credible evidence, such as lay testimony. In this case, lay testimony can come from veterans themselves, or their family and friends. The lay testimony should outline the onset and progression of the veterans condition and how it affects them on a daily basis.
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Failure To Prove A Nexus
The term nexus refers to the link between your diagnosis and the service-related inciting incident. In order to avoid claims denials, you need to show sufficient proof that the disability and your service are related. This can be done by getting and submitting a proper examination and diagnosis from a doctor, especially the C& P exam, where the doctor will provide the VA with a disability rating. Submitting other medical records may help as well. You should also take care to submit the proper documentation to show where you and your doctor believe your disability originated during your active duty. Then, through the other documentation of the application, you should make this connection explicitly clear.
You Missed A Deadline
Although the VA does not require you to apply for VA disability within a certain length of time of your injury or illness occurring, it might give you deadlines for furnishing additional evidence or forms necessary to process your claim. The VA may also require you to schedule doctors visits to support your claim within a specific period.
Veterans must also complete a Compensation and Pension exam, which will assist the VA in determining your disability rating and compensation. If you miss this appointment or any other deadline set by the VA, you could end up with a denied claim.
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Sufficient Medical Records And Reports
Veterans who have strong medical evidence are more likely to win their PTSD VA disability benefits claim in no time. Make use of the documents and reports from medical doctors, psychologists, and vocational experts. Medical reports are essential to your application for your PTSD veterans disability benefits claim, and your lawyers would eventually make use of them in almost every claim that you have.
If you have any further questions on how to win your PTSD VA Disability claim, please reach out. We have helped hundreds of Veterans file for the first time or increase their current rating and WIN. If you are ready to stop getting underpaid from what you deserve, sign up for FREE here. Someone will be in contact with you within 48 hours to begin strategizing for your claim.
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You Gave Incomplete Information
As with any benefits you might apply for, like Social Security or unemployment insurance benefits, you will need to complete several forms to apply for veterans benefits. The veterans disability forms require you to fill out information about yourself, your service, and your medical history, including any evidence you have to prove your disability.
If you fail to complete a form or a section of a document, or you dont submit enough information for the VA to conclude that you have a disability, you could receive a denial. The VA favors what it calls Fully Developed Claims, which are complete claims with plenty of information that can help the VA make a decision as quickly as possible.
Fully Developed Claim
If you decide to utilize the Fully Developed Claim process, it contains a layer built in that allows for reconsideration. If you disagree with all or part of the decision on your FDC, you can work with your representative to get additional evidence needed and possibly resolve the problem at that point by requesting reconsideration. With FDCs, the process is usually that the VA notifies the veteran in detail about the reasons for denial. The vet then has the option to obtain any needed evidence and ask for reconsideration as a FDC. There is some evidence in the pilot programs that this avenue can help avoid the long appeals process.
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Still Asking Why Was My Va Disability Claim Denied
If you feel your application was wrongfully denied or you worry you may be using the wrong forms, contact our law firm at Wettermark Keith. We have worked with many VA clients in the past to effectively go through the appeals process, resulting in securing VA benefits for them. We have the experience and legal advice you need to submit your best application and have the best chance of approval. Get started today by filling out the free consultation form below.
Ready to work together?Contact us today for a free consultation.
Reasons Ptsd Claims Are Denied
PTSD claims for SSDI benefits are denied for a number of reasons. Understanding the reason for the denial is critical to overturning the decision. Some of the more common reasons for denial include the following:
- SSA error. Sometimes, a denial is simply made in error. The Social Security Administration may not fully explain its reasoning, or its reasoning may not make sense . You and your attorney can contact the SSA to track down the proper reason for the denial and find out if they simply made a clerical error.
- Lack of sufficient supporting evidence. Obtaining disability benefits requires providing sufficient documentary evidence to support the claim. The SSA may deny a claim if they do not see sufficient supporting evidence, including medical records, statements from employers, statements from treating physicians, and other relevant evidence. As explained above, there are very specific requirements for obtaining benefits based on PTSD and the Social Security trauma listings the applicant must provide sufficient, specific medical evidence to prove each element.
- Failure to follow treatment. The SSA will deny benefits to an applicant who refuses to follow their doctors recommended treatments, including psychological counseling and medication.
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You Dont Have A Credible Diagnosis
To be eligible for disability benefits, you need a diagnosis of a specific disabling injury or illness. There are three main scenarios where the lack of a diagnosis comes into play:
Veterans with mental health conditions.
Mental health issues such as anxiety and depression need to be fully documented. Often, doctors will treat specific symptoms without providing a proper diagnosis.
Veterans with chronic pain.
Pain on its own is not an acceptable diagnosis, regardless of how it affects your quality of life. The pain needs to be tied to arthritis, spinal stenosis, or some other specific cause.
Veterans who are attempting to claim exposure as a disability.
Simply being exposed to a dangerous substance such as Agent Orange does not make you eligible for disability benefits. You need to show proof that exposure resulted in a specific illness.
Main Reasons Why Your Ptsd Disability Claim Was Denied By The Va
With PTSD being one of the top VA disability claims, we know firsthand how frustrating it is to keep getting denial after denial. The fact of the matter is that veterans are often denied their PTSD disability claim even when they have medical documentation.
Continuously being denied by the VA can take a toll on you It can make you feel like giving up on your claim, but DONT! Here are the 4 main reasons why the VA denied your PTSD disability claim.
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Ptsd Claim Denied Talk With A Veteran Disability Lawyer
After having your PTSD claim denied, we highly suggest you talk with an experienced veterans disability lawyer. Appealing after having your PTSD claim denied doesnt need to be difficult. A veterans disability lawyer can make the process easy for you. Let us handle the VA.
Can I afford a lawyer? You can afford a lawyer to appeal after having your PTSD claim denied. You never have to pay our PTSD appeal lawyers upfront.
What is the fee? If your appeal is successful, our PTSD appeal lawyers charge 20% of back pay and case expenses. We never touch your future benefits.
What if my claim isnt successful? You dont owe us a penny if your appeal is not successful.
What is the cost of a claim evaluation? Nothing. After having your PTSD claim denied, call us and learn your rights for free.