The most common reasons for appealing a decision made by the VA are:
* Denial of a claim for disability benefits: The VA can deny a claim for any reason; often the denial is based on a lack of substantiating evidence that the injury was sustained while in active service or lack of proof that there actually is a disability.
* Low disability rating: The VA rate disabilities on the severity and level of impairment. It is the rating that is applied that determines the amount of monetary compensation will be granted. If the Administration does not rate the disability that reflects the reality of the disabling condition the veteran obviously will not get the benefits he or she is entitled to.
There are several steps that must be taken when you decide to appeal the initial decision, in many cases an attorney for VA disability will prove to be of significant help. If your application is denied you should discuss your situation with an attorney before proceeding with the appeal.
Three stage process:
To appeal the Vas decision to deny you benefits there are three stages:
* File a Notice of Disagreement with your regional VA office requesting that they have another look at it
* Appeal to the BVA, Board of Veterans Appeals, finally
* Appeal in Federal Court
If you have to go through the entire appeals process you are looking at least two years due to the backlog. An attorney for VA disability can help you deal with the process in the shortest time possible as well as working with you to develop a strong case which can improve your chances of gaining approval early in the appeals process.
The best chance of having the initial decision overturned is when you appeal to the BVA which can be done by video conferencing; there is no need to travel to Washington DC.
Having an attorney for VA disability can prove to be very beneficial when you are pursuing an appeal of an unfavorable decision. You are invited to discuss your situation with Jackson & MacNichol Law Offices. Like us on our facebook page.
