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If you are living with a service-related disability then you may be eligible for Veterans’ disability benefits. The first step in acquiring the support that you need is submitting an initial application. It is vital that your application is accurate and convincing so that you can begin receiving benefits as quickly as possible. Our Veterans’ Disability Lawyer will put together a strong claim and ensure your best chance at a favorable outcome.
If you have already submitted an application and your application has been denied, there are certain steps that you can take to get a reverse decision.
Notice of Disagreement
In order to appeal your denied claim, you must start by submitting a Notice of Disagreement (NOD). An NOD is a written statement about why you disagree with the decision from you to the VA regional office. You must submit you NOD within one year of the denied decision. Once the VA receives your NOD, they will once again review your case and then issue a Statement of the Case. This will explain their decision and discuss the evidence and regulations that the decision was based on.
VA Form 9
If your NOD is denied, you will then need to submit a VA Form 9 appeal to the Board of Veterans’ Appeals. You will receive this form along with your Statement of the Case. When filling out a VA Form 9, you will need to state the benefit you want, mistakes you found in the Statement of the Case, and if you want a personal hearing. You must send the form to the VA regional office that initially denied your claim within 60 days of you last denial. Once the VA reviews your VA Form 9, they will either reverse their decision or send you a Supplemental Statement of the Case (SSOC). A SSOC addresses the new information that you may have submitted in your VA Form 9 and explains the reasoning behind the denial of your claim.
Decision Review Officer Hearing
Once you receive your SSOC explaining that your claim was denied, you will have a Decision Review Officer Hearing. You should have made a request for a hearing in your original VA Form 9, but if you did not then you will be required to fill out a second VA Form 9. The Decision Review Officer will review the evidence, ask questions, and issue a decision at the end of the hearing.
If the Decision Review Officer denies your claim, your claim will go back to the RO for review.
Get the Right Legal Help
If you are filing a disability claim with the VA, it is vital that you are backed by the right legal expertise. A Veterans’ Disability Benefits Lawyer at Jan Dils, Attorneys at Law will guide you through the crucial application process or assist you in making an appeal. We will aggressively pursue your claim and make sure that you receive the benefits that you need and deserve. Call now at 877-838-3726.