Appeals Advocacy

The attorneys at West & Dunn can identify why your claim was denied and develop arguments or gather evidence that can help you win your appeal. Common reasons that the VA denies claims include: 

• Lack of Diagnosis. A claim for service connection requires a current diagnosis of the claimed condition.  If you suffered a sprained ankle in service, but the ankle healed and there is no current diagnosis of an ankle disability, service connection will not be granted. Providing VA with evidence of a current diagnosis of a claimed condition, or testimony regarding symptoms of a claimed condition is a necessary element of every claim. 
• No in-service event or injury. If there is no evidence of an injury or disease during military service, a claim for service connection will be denied. 
• No link to service. To be eligible for VA disability benefits, your condition or disability must be related to your military service. A link between your current condition and your military service is a requirement in most claims for service connection. Conditions that VA has determined are presumptively related to some type of in-service exposure (Agent Orange, Radiation, Asbestos, etc.) are an exception to this rule. This link generally comes in the form of a medical opinion. If there is evidence of a current condition and evidence of an in-service event or injury, VA must provide a medical examination and opinion. A veteran may also obtain a medical opinion linking their current condition to their military service. 
• Poor medical opinion or exam. Unfortunately, the medical opinions and examinations VA provides are often of very low quality. The examiner will frequently fail to review the veteran’s record and will disregard the veteran’s competent lay testimony. The result is often a medical opinion finding no relationship between the veteran’s military service and the current medical condition. When veterans obtain a medical opinion from a non-VA doctor, that opinion often does not include the specific language VA requires, resulting in rejection of the opinion.