If your claim for veterans benefits is denied the VA grants a one year window to file an appeal of their decision. Although denial of your claim is certainly disappointing, it is by no means final. The VA admits to making numerous errors so it makes perfect sense for you to hire a veterans benefits attorney in Ohio and appeal. Of the over 800 thousand pending claims for benefits appeals represent almost one third of them.
What can be appealed?
The VA defines an appeal as “a request of the BVA (Board of Veterans Appeals) to review the decision made by your local VA office. You can appeal their decision for any reason, perhaps you were not granted full approval; in a case like this you have the right to appeal the partial denial. Many veterans appeal the level of benefits they were awarded.
Two common reasons for appealing are:
- The VA does not believe the disability is a result of his or her military service, and
- The applicant believes the disability is more severe than the VA does
The appeals process:
If your claim is denied and you wish to appeal the first thing you will have to do is provide the VA with a notice of disagreement, you have one year in which to do this. In return, the VA will provide you with an explanation of the laws and regulations that were relied upon when considering your supporting evidence.
At this stage many of those appealing will hire a veterans benefits attorney in Ohio to help. You can ask for a hearing with a representative from your local VA office or with a member of the Board of Appeals.
As it can take months to complete the appeals process it is in your best interest to take advantage of legal assistance, in this way your case will be presented properly which can reduce the waiting period.
If your claim for veterans benefits was denied you have a full year in which to hire a veterans benefits attorney in Ohio and appeal the initial decision. You are invited to discuss your situation with Jackson & MacNichol, Attorneys at Law.
