What To Do If Your Military Disability Claim is Denied

Posted on Aug 13, 2024

Don't face this challenge alone. At Share Lawyers, we specialize in helping Canadian veterans secure the insurance benefits they deserve. If your military disability claim was denied in Canada, this step-by-step guide will point you in the right direction.

Was your military disability claim denied? Reach out to Share Lawyers to explore your options.

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What to Do When Your Military Disability Claim is Denied in Canada

When your military disability claim is denied, it can be difficult to understand why, especially after serving our country. However, a denial isn’t final, and you have options to help you overturn the decision. While you can appeal on your own, it’s recommended that you seek professional legal counsel before attempting to do so.

Consulting with an experienced lawyer like the team at Share Lawyers can provide access to the expertise and specialized knowledge needed to successfully overturn a decision.

Fight Back With Share Lawyers
Identify the reasons for the denial	Together, we review the Veterans Affairs Canada's (VAC) denial letter to understand the specific reasons for the denial. Then, we’ll advise on the best course of action.
Gather supporting evidence	We assist you in collecting all necessary information, such as: Medical Records and Reports. Detailed information from your healthcare providers about your condition and its link to your military service. Service Records. Documentation of your military service, including any incidents that caused or exacerbated your condition. Personal Statements. Affidavits from colleagues, family members, or others who can attest to your condition and its impact on your life. Relevant Correspondence Concerning Your Case.
Build your case	We help you submit a written request for a departmental review to VAC. This request will include A copy of the original denial letter. A formal letter. Outline why you disagree with the denial and explain why your claim should be approved. Include specific language from within your policy to legitimize your claim. Supporting evidence. Attach any and all documents that will strengthen your case. A departmental review can sometimes result in a favourable decision without further action.

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If the departmental review does not change the decision, we can help you appeal to the Veterans Review and Appeal Board (VRAB), an independent tribunal reviewing VAC decisions. If the VRAB decision is still unfavourable, we’ll help you appeal to the Federal Court of Canada. This involves a judicial review, where a judge examines the decision-making process to ensure it is fair and lawful.

Key Points to Remember

Timeliness: Adhering to all deadlines for requests and appeals is crucial. Share Lawyers will ensure that all deadlines are met.

Documentation: We will help you gather, keep, and maintain detailed records of all communications, documents, and evidence related to your claim.

Challenges: The appeals process is often lengthy and challenging. Legal assistance from an experienced lawyer will increase your chances of overturning a denial and securing the benefits you depend on.

Why Are SISIP Claims Denied?

Military disability claims are denied in Canada for a variety of reasons:

Insufficient Medical Evidence: One of the most frequent reasons for denial is insufficient medical evidence to support the claim. This can include:

Incomplete or missing medical records
Lack of a clear diagnosis from a healthcare provider
Insufficient documentation linking the disability directly to military service

Lack of Service Connection: For a claim to be valid, there must be a direct connection between the disability and military service. If this link is not established, the claim may be denied.

Pre-Existing Conditions: Claims can be denied if the disability is deemed to be a pre-existing condition that was not aggravated by military service. The claimant must show that military service worsened the condition.

Failure to Meet Application Deadlines: Missing important deadlines for submitting initial claims or appeals can result in a denial. Adhere to all timelines set by Veterans Affairs Canada (VAC).

Incomplete or Incorrect Application: Submitting an incomplete or incorrectly filled-out application can lead to a denial. This includes missing information, incorrect details, or a lack of necessary signatures.

Lack of Credible Supporting Evidence: Claims may be denied if there is a lack of credible supporting evidence, such as witness statements or service records, to corroborate the details of the claim.

Not Meeting the Definition of Disability: For a condition to be considered a disability, the claimed condition must meet the specific definitions and criteria set by VAC. If it does not meet these criteria, the claim may be denied.

Administrative Errors: Sometimes, administrative errors or misinterpretations by VAC staff can lead to a denial. These errors can include misfiled paperwork, incorrect assessments, or oversight of submitted evidence.

Insufficient Proof of Aggravation: If a pre-existing condition is claimed to have been aggravated by military service, there must be clear evidence showing how and to what extent the condition worsened due to service.

Regardless of why your military disability claim was denied, Share Lawyers will work tirelessly to obtain your benefits.

Share Lawyers Fights For Your Military Disability Benefits

At Share Lawyers, we deeply appreciate our veterans and service members. We are dedicated to ensuring you receive the benefits you have earned. With over 35 years of experience, we have helped Canadians secure the benefits they depend on and bring this same dedication to assist veterans.

Expertise and Experience: We specialize in military disability claims and understand the appeals process's intricacies.
Personalized Support: We handle the legal challenges, allowing you to focus on your health.
Accessible Legal Representation: We operate on a contingency-fee basis—no fees until we win your case—and offer a free legal consultation to get started.

Our commitment is to you. Your service deserves respect, and if your military disability claim was denied, we’re here to ensure you get the justice you deserve. Let us be your ally. Contact us today to become one of our success stories.

Was your military disability claim denied in Canada? A quick conversation with one of our lawyers will help you understand your situation and provide a path forward.

Contact Share Lawyers today and let our 35+ years of experience work for you. We can help you win your case. Our legal team offers a free consultation and works on a contingency basis. There are no fees unless you win your case.