There has been a great deal of attention given to the number of errors made by VA officials, which lead to denial of benefits. If you are one of those whose claim for veteran’s disability benefits was denied, you have one year in which to file an appeal. The error rate is very high, approximately one-third of pending claims are those being appealed. In cases reviewed in the past, it was found that nearly three-quarters of them had errors and the denial was overturned. As the entire application and review process is very detailed, many claimants turn to lawyers for disabled veterans for assistance.
What can be appealed?
The initial claim for veterans disability benefits is submitted to the veterans local VA office. If it is not approved, an appeal can be made to the BVA; Board of Veterans Appeals. An appeal can be for any reason, perhaps one part of your claim was approved while the other part was denied if this is the case the denial only can be appealed.
The two most common reasons for appealing a denial of benefits are:
- The VA does not believe the disability began while the claimant was in the military, and
- The veteran is of the opinion that his or her disability is worse than the rating given
The appeals process:
You have one year in which to institute an appeal. The process starts when a NOD, Notice of Disagreement is given to the local VA office. The VA will return a “statement of the case” which details the reasons for denial along with an appeal form should you wish to pursue the appeal.
The Substantive Appeal form is used to identify what you believe is mistakes. You can request an informal hearing; you can attend with your representatives.
It can take a long time to complete the appeals process. Hiring lawyers for disabled veterans will ensure your case is presented properly and in the strongest possible way.
Many claims for veterans disability benefits are rejected. The appeals process is difficult, it is always best to hire lawyers for disabled veterans to assist with the appeal. Help is available, call Jackson & MacNichol, Attorneys at Law.