Appealing A Denial Of Veterans Disability Benefits Claim

by | Jun 15, 2017 | Law Services

Recent Articles

Categories

Archives

If, after applying for your veterans disability benefits your claim is denied, don’t give up; you are certainly not alone. There are two primary reasons for denial of a claim:

   *   Outright denial, often based on a lack of evidence that the injury happen while serving

   *   Application approved but the DVA gave a low disability rating

For these reasons, or any reason for that matter, you can file an appeal. When doing so there is a great deal of paperwork involved and very strict time deadlines must not be missed. It is at this time when having VA disability appeal lawyers at your side is very helpful to ensure your appeal is done properly and goes smoothly.

The appeals process:

The appeals process consists of three stages:

   *   File your Notice of Disagreement with your local DVA office

   *   If the appeal at the local level is unsuccessful, appeal to the Board of Veterans’ Appeals in Washington DC

   *   If all else fails, appeal to the US Court of Appeals for veterans claims

If you were forced to go through all three stages you can perhaps expect the appeal to conclude within two years or more. VA disability appeal lawyers can help you build a rock solid case which will improve the odds in your favor and possibly speed up the process as well.

The majority of appeals fail at the local level; most unfavorable decisions are overturned by the BVA. During the hearing you will be expected to provide proof positive that you are disabled, it happened while you were serving and you deserve benefits or a higher disability rating.

It can help considerably if you have a VA disability appeal lawyer with you at this time, they are experienced in dealing with those administering the hearing and they know best how to present all the evidence supporting your claim.

VA disability appeal lawyers can be very helpful, they know the law and the best way to apply it in an effort to get a favorable decision on your behalf. You are invited to contact Jackson & MacNichol, Attorneys at Law for more information.