A considerable percentage of veterans benefit claims are denied and it is understandable that you might think that the best approach is to reopen a new claim. Starting fresh may not be the best approach, if you start again rather than appeal, and you are eventually granted benefits, they may only be dated back to when you reopened the claim rather than go back to the date the original claim was filed. This can make a substantial difference in the award.
If you opt to reopen a new claim, but you cannot substantiate it with new and material evidence, it will not prosper.
If you find yourself in this position, it often helps to confer with veterans benefits lawyers in New York.
If your claim is not approved, you have one year in which to appeal, if you fail to take action within the year, the decision rendered by the VA becomes final. If you miss this deadline and then wish to appeal, you either have to show there was a clear and unmistakable error on the part of the VA or you have to reopen a new claim supported by fresh evidence.
From the VAs point of view, there are three claims that are recognized:
- A new claim
- A request for revision of the decision based on a clear error
- A new claim with new evidence
The VA admits to a high error rate. Knowing this to be true, in the majority of cases, it makes sense to appeal. With the number of errors that are routinely made, a successful appeal can often result in a reversal of the initial decision to deny the claim.
If you think it might be better to take one of the other routes you must be sure that there was an unmistakable error or you have new evidence. Before the decision is made on which way to go, it is a good idea to discuss the claim with veterans benefits lawyers in New York.
If your claim for veterans benefits was denied, before you decide what to do next, consult with veterans benefits lawyers in New York. For a free initial consultation, contact Jackson & MacNichol, Attorneys at Law.