Receiving a denial for a claim that you know is legitimate is one of the most frustrating things you can experience. It can be even worse for military veterans.
Let’s be honest. The VA probably denied your claim in a faster amount of time than it took for you to file. Even though having your claim denied is frustrating, it’s common. Many agencies will deny a claim hoping that the claimants don’t seek an appeal. But filing an appeal is exactly what you need to do.
Your disability appeal process starts with choosing how you want to approach your appeal. There are three decisions that you can choose from:
While there is no right or wrong decision, you may want to choose your process based on the reason why your claim was denied. For example, a higher-level review process is great if you disagree with the VA’s disability rating.
Before deciding which route to take your appeal, you may want to consult with a veterans benefits attorney. A skilled attorney can make the appeal process less complex for you. Their expertise can decide on the best approach to take your appeal. Veterans benefits attorneys can review your file, the agency’s decision, and how to proceed with your appeal.
A veterans benefits attorney can assist you with filing your Notice of Disagreement (NOD). Because the process is stressful, you may be overcome by emotions while filing. A veterans benefits attorney can inform the VA why you deserve to have your claim reviewed again. A veterans benefits attorney can also provide the right information to include in your NOD.
Many veterans may mistake providing too much information in their notices. An attorney knows how to limit the information you need to include in your NOD while mentioning the important details.
A veterans benefits attorney can also help you choose the best appeal process for your claim. Your attorney can help you either prepare your appeal to a decision review officer (DRO) or for the Board of Veterans Appeals (BVA). Even if a DRO denies your claim, you still have the option of appealing to the BVA. An attorney can help prepare you for either case.
To learn more about the VA disability appeal process, speak with a veterans benefits attorney at the Comerford Law Office. Call our office, or submit our contact form today to schedule an initial consultation.
Retroactive pay regarding the failure to account for all the veteran’s medical conditions.
Military Sexual Trauma case
Disability associated with Chronic Fatigue Syndrome
Retroactive pay regarding a PTSD misdiagnosis.
PTSD resulting in Unemployability
Traumatic brain injury case
Wrongfully denied SSA claim
Post-traumatic stress disorder (PTSD)
Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease.
ERISA long term disability benefits.