Why Veterans Get Denied and What That Means

A denial from either the VA (Veterans Affairs) or SSA (Social Security Administration) does not mean you are ineligible for benefits — it means the evidence you submitted did not meet that agency's specific standard at that moment. The two agencies use different rules, different medical standards, and different definitions of disability. A condition the VA rates at 50 percent might not meet SSA's threshold for total disability. A rejection from one agency does not automatically disqualify you from the other.

The most common reasons for denial are: the agency concluded your condition is not severe enough to prevent substantial work; you did not submit medical records from a treating doctor; you did not show the condition lasted or was expected to last at least 12 months; or you did not follow up when the agency asked for more information. Many denials happen because paperwork was incomplete or because you missed a important date, not because your condition does not may have access to.

Key Takeaways

  • A VA denial and an SSA denial are separate decisions — being denied by one agency does not prevent you from filing with the other, and you can pursue both simultaneously.
  • You have 60 days from the date on your denial letter to file an appeal with the same agency, and this important date is strict.
  • The most effective next step is usually to gather new medical evidence (recent treatment records, a statement from your doctor, or a new evaluation) and file an appeal, not to start over with a new process.
  • If you were denied by SSA, you can ask for reconsideration; if you were denied by the VA, you can file a Notice of Disagreement — these are different processes with different timelines.
  • A veterans service officer (free through your state or veteran organization) can review your denial letter and tell you which appeal route has the strongest chance of success.

Understanding Your Denial Letter

Your denial letter states the reason the agency rejected your claim. Read it carefully — it will say something like "the evidence does not show a medically determinable impairment," "the condition does not meet the listing," or "you did not provide sufficient medical documentation." This reason tells you what to fix in your appeal.

The letter also includes the date you must appeal by — usually 60 days from the date on the letter itself, not from the date you received it. If you miss this important date, you lose the right to appeal based on the original process. You can still file a new process, but you start from scratch and lose any priority you had. Mark this date on a calendar and set a reminder for 30 days before it expires.

Keep the original denial letter. You will need it to prove when you received the decision and to show what the agency's stated reason was. If you cannot find it, contact the agency and ask for a copy — the VA and SSA both keep records and can send you a duplicate.

The Difference Between VA Denials and SSA Denials

If the VA denied your claim, you file a Notice of Disagreement within 60 days. This starts a formal appeal process that can take several months. The VA will assign a Veterans Service Representative to review your case. You can submit new medical evidence, and you have the right to a hearing before a Veterans Law Judge if you request one.

If SSA denied your claim, you request reconsideration within 60 days. This is a faster process — SSA will have a different examiner review your file. If reconsideration is also denied, you then move to a hearing before an Administrative Law Judge, which is a separate step. The entire reconsideration stage typically takes 3 to 6 months.

You can pursue both agencies at the same time. Many veterans file with SSA while their VA appeal is pending, because the two systems operate independently. A win at one agency does not affect the other, but it can strengthen your case — if SSA approves you, you can use that decision as evidence in your VA appeal, and vice versa.

What to Submit With Your Appeal

The single most important thing you can do is submit new or updated medical evidence. This means recent treatment records from your doctor, a statement from your treating physician explaining why your condition prevents work, or a new medical evaluation. Do not resubmit the same records the agency already reviewed — they rejected your claim based on those records, so sending them again will not change the outcome.

Contact your doctor and ask them to write a statement addressing the specific reason for denial. If the agency said "the condition is not severe enough," ask your doctor to explain in writing why it prevents you from working. If the agency said "the condition has not lasted 12 months," ask your doctor to confirm the date it began and that it is expected to continue. Doctors are used to these requests and usually charge a small fee ($25 to $100) or sometimes provide them at no cost.

If you cannot afford a new evaluation, ask your doctor to review your existing medical records and write a statement based on what they already know about you. This is often free or low-cost and can be just as effective as a new exam.

Filing Your Appeal: VA vs. SSA Process

For a VA appeal, complete VA Form 21-0958 (Notice of Disagreement) and mail it to the VA regional office that handled your claim. The address is on your denial letter. Include a cover letter stating that you disagree with the decision and that you are submitting new evidence. Attach copies of any new medical records or statements. Keep copies of everything you send. The VA will acknowledge receipt within 2 weeks and assign a case number.

For an SSA appeal, request reconsideration by completing Form SSA-561 (Request for Reconsideration) or by calling 1-800-772-1213 and asking to file by phone. You can also visit your local Social Security office in person. Submit new medical evidence at the same time. SSA will send you a written notice confirming they received your request and will assign a new examiner to your case.

In both cases, keep a record of what you submitted and when. If you mail documents, use certified mail with return receipt so you have proof of delivery. If you submit them in person, ask for a receipt. If you file by phone, write down the date, time, and the name of the person who took your request.

What Happens After You Appeal

After you file your appeal, the agency will review your case with the new evidence. This typically takes 3 to 6 months for SSA reconsideration and 4 to 8 months for a VA Notice of Disagreement, though timelines vary by region and workload. You will receive a written decision in the mail.

If your appeal is approved, the agency will issue a decision letter explaining the benefits you are may have access to to and when payments will begin. If it is denied again, you move to the next level: for SSA, that is a hearing before an Administrative Law Judge; for the VA, that is a hearing before a Veterans Law Judge. At this stage, having a representative — either a veterans service officer or a disability attorney — becomes especially valuable, because the hearing process is more formal and the stakes are higher.

Do not assume a second denial is final. Many claims are approved on the third or fourth attempt, especially when new medical evidence is submitted. The appeals process is designed to give you multiple opportunities to present your case.

Getting Help From a Veterans Service Officer

A veterans service officer is a trained representative who helps veterans with VA claims and appeals at no cost. They work for your state, your county, or a veteran service organization like the American Legion or Veterans of Foreign Wars. They can review your denial letter, explain what went wrong, help you gather medical evidence, and file your appeal correctly.

To find a veterans service officer, contact your state's Department of Veterans Affairs or search the VA's accredited representative locator at va.gov. Many offer phone or video appointments if you cannot meet in person. This service is free — do not pay anyone to represent you in a VA appeal unless they are a VA-accredited attorney or agent, and even then, the VA limits what they can charge.

For SSA appeals, you can also hire a disability attorney or non-attorney representative. They typically work on contingency, meaning they take a percentage of your back pay (up to 25 percent) only if you win. This means you pay nothing upfront. Many disability attorneys offer free consultations to review your denial and tell you whether your case is worth pursuing.

Frequently Asked Questions

Can I file a new process instead of appealing?

You can, but it is almost never the right choice. A new process starts the clock over, and you lose any priority from your original claim. The agency will likely reach the same conclusion unless you have significant new medical evidence. Appeal the denial first; if you lose at the hearing level, then consider a new process.

What if I missed the 60-day important date to appeal?

For SSA, you can request a "reconsideration" up to one year after the denial, though the important date is still strict. For the VA, you can file a motion to reopen your case if you have new evidence, but this is more difficult. Contact the agency when ready and explain why you missed the important date — some agencies will grant a short extension if you have a good reason.

Do I need a lawyer to appeal?

No. Many people win appeals without a lawyer, especially if they submit strong new medical evidence. A veterans service officer can help you for free. You only need a lawyer if your case is complex, if you have already been denied twice, or if you are preparing for a hearing before a judge.

Can I work while my appeal is pending?

Yes. Working does not disqualify you from benefits, and it does not hurt your appeal. However, if you earn more than the SSA's monthly limit (called Substantial Gainful Activity, or SGA), SSA will assume you can work and may deny your claim. Check the current SGA limit on ssa.gov before taking a job.

What if I was denied by both the VA and SSA?

Appeal both decisions. They are separate systems with different standards. You might win at one agency and lose at the other, or you might win at both. Some veterans use an approval from one agency to strengthen their appeal to the other. File both appeals within 60 days of each denial letter.