If you are a military Veteran who was injured on active duty or contracted an illness associated with your active duty, you are entitled to benefits for your faithful service to your country. However, the benefits are not automatic. You must apply for them and it is common for the Department of Veterans Affairs (VA) to deny initial claims. This begins another complex process of appealing the decision.
The Veterans Appeals Improvement and Modernization Act of 2017 expanded the alternatives available when a claim is denied; but with expansion comes more rules that must be followed, and they can be confusing. A VA-approved attorney is experienced in these rules and can determine the best way to get your claim approved. Before frustration overtakes you, call a Logan Veterans’ disability appeals lawyer for help.
Veterans and their attorneys must know why a claim is denied before strategizing about the best way to appeal. The VA reports that just a few common errors make up about one-third of first-time claimants’ denials. These reasons include failing to submit the DD214 or other discharge papers, failing to connect a disability to military service, proof of exposure to toxins but no proof of a disability, and failing to attend a Compensation and Pension exam by a VA physician. Once an attorney can determine the cause, the path opens for a Veteran in Logan to appeal.
When a claims administrator denies a Veteran their disability benefits, a higher-level review is one of three options for appeal. In this appeal, a second administrator is asked to review what the first one denied. Generally, the second examiner is more experienced working with denials and the servicemember’s attorney may believe the first examiner did not fully understand what was submitted. No additional information can be submitted, but if the claim is denied again, a Logan VA appeals attorney can ask for a supplemental claim or judicial review.
Supplemental claims involve submitting the original claim again but with new evidence not included the first time, such as a physician’s second opinion concerning a service-related injury. The new evidence does not have to be recently discovered, just unavailable to the original examiner.
Veterans’ attorneys can also ask for a BVA Board Appeal for the original claim, in front of a Veterans Law Judge, using one of three options.
One option is a Direct Review where the judge considers the claim based on evidence already submitted without a hearing. The second option is to submit more evidence to the claim within 90 days of filing the appeal. Finally, in-person or virtual hearings are also available, where a Veteran and their lawyer have the chance to discuss the case with the judge and explain why benefits should be granted.
Veterans in Logan who are assigned a low disability rating and then granted inadequate benefits can also appeal to the office where the claim was originally submitted. This may require submitting more evidence that clearly shows the disability rating should be higher.
Our practice is dedicated to getting proper benefits to those who served their country and were injured or became ill during their service. If you are a Veteran who has been turned down by the VA or were granted inadequate benefits, we can help you determine why and appeal on your behalf.
Fighting for what is rightfully yours is stressful and emotional, and you do not need to do it alone. Our Logan Veterans’ disability appeals lawyers are honored to assist you after you have given so much to America. Call today and learn what we can do for you – or take our VA disability quiz to get an idea of what you might be owed.
