When your claim for veterans disability benefits is denied it is understandable that the claimant will wonder what to do next; should he or she reopen a new claim or file an appeal. As it is a well known fact that the appeals process takes a considerable amount of time, many might think that reopening the claim is the better option; maybe not.
There are several things to take into consideration:
* If you reopen your claim and you are granted an award, it will only be backdated to the date you reopened the claim, your benefits will not go back to the date of your original claim.
* To reopen a claim there must be a very good reason; if you fail to present new and compelling evidence the DVA may not entertain your claim.
It can be very tricky, deciding on which avenue to take must include an understanding of what your chances are one way or another. It is always a good idea to discuss the particulars of your claim with lawyers specializing in veterans benefits.
Time to appeal:
If your claim is denied the DVA give you one year in which to appeal, if you fail to appeal in this time frame the decision is final and the only recourse is to reopen the claim, presenting new and compelling evidence.
If you are of the opinion that you presented a valid claim and the one year grace period has yet to expire, an appeal is warranted. The Department of Veterans Affairs admit that they make many errors which, when rectified, result in approval.
It is actually hard to decide in advance what to do in the event your claim is disallowed. All cases are different and it always is in your best interest to consult with lawyers specializing in veterans benefits before deciding which is the best route to take.
Lawyers specializing in veterans affairs are always happy to provide the applicant for veterans disability benefits a no cost consultation. To discuss your situation in detail you are invited to contact Jackson & MacNichol, Attorneys at Law.
