Military veterans in Charlotte and throughout the country make a tremendous sacrifice when deciding to serve in the armed forces. At the conclusion of their service, many veterans leave with significant mental or physical disabilities that resulted from an event during active duty. The Department of Veterans Affairs (VA) offers disability benefits designed to compensate those veterans that have developed service-related disabilities or illnesses.
Unfortunately, the process for obtaining these benefits is not always straightforward. Many claims are denied despite the presence of a valid disability. In these cases, a skilled veterans’ benefits attorney can assist. Let a Charlotte veterans disability appeals lawyer help you deal with your denied claim and secure the benefits you deserve. Contact our firm today to go over your unique situation with a compassionate legal professional.
The step that begins the entire appeals process involves a document known as a Notice of Disagreement. Commonly referred to as a NOD, this form provides the VA with official notice of disagreement with the decision. In order to appeal a denial, the notice must be submitted within one year from the day the claim decision was made.
The NOD should have specific information regarding the claim and the denial. In addition to providing the date of the denial, it should also explain that the veteran disagrees with the decision. This appeal could result from a complete denial, but it is also possible to appeal a low rating for a disability. It is important to limit the information contained in the NOD, as anything said could be used against a veteran during the appellate process. A Charlotte attorney can help ensure the contests of the NOD do not complicate the veterans disability appeals process.
Appealing a denied VA claim can be a multi-step process. In some cases, providing supplemental information will resolve the issue in short order. In other cases, it can take multiple levels of appeal to obtain a fair outcome. A Charlotte attorney can help with navigating the veterans disability appeals process.
The first step in the process involves a supplemental claim. This step essentially involves a second review of the original claim, with the use of additional new and relevant evidence offered by the claimant. This could include additional medical records or any document that is new and relevant, meaning the VA has never received it before.
A higher-level review may be necessary if the supplemental claim is not successful. At this level, a senior review looks over the case to determine if the original reviewer made any errors. Unlike with a supplemental claim, new evidence may not be submitted during this stage.
The last step in the process involves the Board of Veterans’ appeals. There are different options at this appellate level, including a direct review without a hearing or a more thorough approach that involves a hearing in front of a judge. An attorney could help make a case for how best to approach this part of the appeal.
Learning that your disability claim was denied can be upsetting and overwhelming. Thankfully, a denial does not have to be the end of the line for your claim. The right attorney can pursue an appeal on your behalf and fight for the benefits you deserve. Let a Charlotte veterans disability appeals lawyer from our firm guide you through the appeals process. Call today.
