Options Available When Appealing Denial Of VA Disability Benefits

by | Jan 2, 2017 | Attorney

If your application for VA disability benefits was denied there are a couple of things to consider before you go ahead with an appeal. One thing for sure, if your application is denied, you are not alone. The denial can be simply an error on the part of a VA official which can quickly be corrected or perhaps it is little more than a bit of missing supporting evidence which can be fixed with few problems.

You have one year to appeal, you can appeal the entire decision to deny or part of it. There is no need to appeal the part of the decision that you agree with, just stick to the part that you don’t. If you were awarded benefits but you are in disagreement with the rating that was assigned to you, that too can be appealed.

There are options to exercise before you hire a lawyer for veterans disability and pursue a full blown appeal.

The standard claim:

If you used the standard method to claim benefits and you disagree with all or part of the decision made by VA you can ask a DRO (Decision Review Officer) to review the claim. This step is an integral part of filing a NOD (Notice of Disagreement). Once these documents have been received an officer from your local VA office you can expect a complete review and you will be granted a personal appearance to fight your case.

If the review fails to result in approval it is a good idea to engage a lawyer for veterans affairs for the appeal. Unfortunately the DROs are often not fully aware of the complexities involved in their job and as a result it is to your advantage to seek legal assistance to ensure you are fully aware of your rights and what result you should have had based on the claim you made.

The entire process of applying for VA disability benefits and then appealing the decision is complex and fraught with difficulty. It is always a good idea to hire a lawyer for veterans disability to help win your case. You are invited to contact Jackson & MacNichol, Attorneys at Law.

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