The VA has admitted to having a high error rate, and errors and other issues often can turn your way on appeal.
You can often request a free consultation with an experienced attorney to help you understand the options. This applies when you are addressing the same condition. Read It To Me.
Find out when you should file an appeal and when re-opening a claim can be a better strategy. It can be a tricky decision on how to handle a denied claim. If you eventually win an award, or an increase in your award, the award will be backdated to the effective date of your claim. Related Articles. The only way to receive reconsideration of a final decision is with Clear and Unmistakable Error, or to reopen the claim presenting new and material evidence.
Learn what your options are when VA disability claims are denied.
First, if you reopen a claim instead of appealing it, and you are eventually given an award, it may only go back to the date you reopened the claim, and not the date you filed the original claim. You are here: If an appeal is not filed within that time, the decision becomes final.
Final decisions Once a decision is made on VA disability claims, you have one year to appeal. However, each case is unique and the distinctions can be highly confusing.
This site complies with the HONcode standard for trustworthy health information: Veterans often wonder, when their VA disability claims are denied, should they just reopen a new claim. If the denial was based on lack of a service connection, then witness statements or other evidence can help resolve that question; of the denial was based on your condition, then new medical evidence or opinions may help.
You may also hire an attorney to advise which option is best given your particular situation. Send this to a friend Your email Recipient email Send Cancel. If you wonder whether you might not appeal and instead try one of the other routes, in theory, this means either 1 there is clear and unmistakable error this is a very high standard and something you should discuss with an experienced attorney or representative or 2 you have new and material evidence that was not reviewed before which should therefore be grounds to reopen the claim.
The distinction could cost you tens of thousands of dollars, depending on the award and the time different from your original claim to the reopened claim.
When VA disability claims are denied, should I just reopen the claim? There is little evidence that, given the choice, reopening a case rather than appealing it will improve your chances of approval, or your level of award. If you want to reopen a claim simply because you think you might save time from the appeals process, you are on shakier ground.
This is the time you should consider getting experienced opinions to fully review your options.
For more information on Veterans Disability Appeals, see our articles on:. So, if you are still within the one-year window to appeal and you believe your claim should be approved as is, in theory an appeal is the appropriate route.
The effective date is usually the date you filed the current claim with some exceptions that allow the award to go back further.