With the long, drawn out appeals process it is reasonable for a veteran that was denied benefits to wonder if it is best to go through the appeals process or reopen a new claim. There are a number of issues that should be considered before the decision is made.
- If you do reopen a new claim and it is approved, your benefits will only go back to the date of the second submission, not the date of the first claim you made.
- When you resubmit a new claim after an initial denial of benefits you must show new and material evidence, if you do not have new and material evidence you could be out of luck.
It is understandable that making this decision can be difficult, at this time you should discuss your options with veterans benefits lawyers in Pennsylvania.
Final decisions:
There is no need to make a decision immediately, if your initial claim for benefits is rejected you have one full year to appeal. If you fail to appeal within this allotted time the original decision becomes final and the only way left if you want to appeal is have new and material evidence and reopen the claim or to prove the DVA made an error.
The VA recognizes three types of claims:
- A new claim
- A claim for review based on a clear error on the part of the DVA, or
- A new claim accompanied by new and material evidence
In theory, appealing the decision is the better route to take, the DVA admit that they have a very high error rate. At this stage many claimants will hire veterans benefits lawyers in Pennsylvania to assist with an appeal. With representation that chances of having the initial denial of benefits overturned is extremely high.
If your claim for VA disability benefits is denied you should discuss the next step with experienced veterans benefits lawyers in Pennsylvania. You are invited to take advantage of a free consultation by contacting Jackson & MacNichol, Attorneys at Law.
