Dec 19, 2017

Posted by in Attorney | Comments Off on Qualifying For VA Disability Benefits

Qualifying For VA Disability Benefits

Qualifying For VA Disability Benefits

There are different types of benefits available to veterans that have a service-connected disability. Financial compensation is paid to those veterans that have an illness, disease, or injury due to their service in any branch of the United States armed forces.

Although the primary benefit is a monthly income paid by the federal government, there are other benefits available as well. Although there is negative publicity surrounding it, the VA healthcare system is one of the best.

Applying for VA benefits:

Many veterans will consult with a lawyer for veterans disability to assist them to put their claim in writing. Legal fees can only be charged if the applicant has his or her claim denied and they wish to appeal. Once the claim has been submitted, the appropriate regional office will either approve or deny the claim.

What happens if the claim is denied?

If the initial claim is not approved, the veteran applicant can appeal. A NOD (Notice of Disagreement) is submitted to the RO that denied the application in the first place. It is the responsibility of the RO to prepare a “Statement of the Case” explaining in detail why the claim was denied. As the appeals process is time-consuming and complex, many of those denied benefits will engage the professional services of a lawyer for veterans disability.

Actions by the Board of Veterans Appeals:

The BVA is the final step in the administrative process before the case goes to court. The Board can take multiple actions, including:

  • They can reaffirm the decision made by the Regional Office
  • They can reverse the initial decision and grant benefits
  • They may return the case to the RO for further proceedings

The Regional Office will follow instructions given to it by the Board. Depending on the nature of the instructions, this can be a lengthy process. In the event the Board upholds the denial of benefits, the veteran applicant can seek reconsideration.

If you apply for veterans benefits and your claim is denied, you will have a better chance of succeeding with your appeal when you are represented by a knowledgeable lawyer for veterans disability. For a free initial consultation, contact Jackson & MacNichol, Attorneys at Law.

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