Appealing a VA Denial

The VA's decision letter explains what was decided and why. It usually lists the evidence considered and the reasons the claim was denied, such as insufficient evidence of in-service exposure or a missing medical link. Understanding those reasons helps you choose the right next step and the right evidence to add. Keep the letter and note the date on it, since review deadlines are usually measured from that date. A veterans service officer can help interpret the letter and identify what the VA found missing.

The VA's current review system generally offers three options. A supplemental claim lets you submit new and relevant evidence, such as a stronger nexus letter or additional service records. A higher-level review asks a more senior reviewer to look at the same evidence for errors, without adding new evidence. An appeal to the Board of Veterans' Appeals sends the case to a judge, with options that may include submitting evidence or requesting a hearing. The best choice depends on why the claim was denied and how quickly a decision is needed.

Many denials involve either the medical link or the exposure evidence. A detailed nexus letter that explains the doctor's reasoning, shows that the service records were reviewed and addresses any other asbestos exposures can make a real difference. More detailed statements about your duties, supported by buddy statements or ship and unit records, can strengthen the exposure picture. Given the seriousness of mesothelioma, ask for priority handling during the review as well as during the original claim. Keep copies of everything you submit and track the review's progress with your representative.

1. 1

   Note the date on the decision letter and the deadline for requesting a review.

2. 2

   Identify the specific reason for denial listed in the VA's decision.

3. 3

   Gather new evidence, such as a stronger nexus letter or more service records, if needed.

4. 4

   Choose a review option with your service officer and request priority processing.