Disability benefits awarded by the Department of Veterans Affairs (VA) could make a tremendous difference in any former servicemember’s life. However, not every disabled veteran is approved for compensation.
Every former servicemember who applies for VA disability benefits has the right to appeal a denial. With the assistance of our legal team, you can keep your application moving forward and ultimately receive the benefits to which you are entitled. Let our Parkersburg veterans’ disability appeals lawyers help you reach success with your claim despite one or more denials.
When a veteran disagrees with the decision made by the VA regarding his or her eligibility for disability compensation, there are specific steps he or she must take to initiate an appeal. The first option for appealing a denial is known as a supplemental review. Supplemental reviews allow veterans to supplement their claims with supporting evidence that may not have been available at the time of filing, as well as address any issues that led to the initial denial.
Former servicemembers may submit multiple supplemental review requests, as long as they provide additional information each time. If this review process does not result in a favorable outcome, the claimant and their Parkersburg veterans’ disability appeals attorney may then file a Notice of Disagreement.
A former servicemember must file a Notice of Disagreement (NOD), also known as VA Form 21-0958, within one year of the decision on his or her claim to successfully begin an appeal. It is important to note that the one-year deadline begins to expire the day the denial is issued, not the day the veteran is notified of the outcome of his or her case.
The NOD should include the date of the denial and make clear that the claimant disagrees with the initial decision by the VA. However, it is vital not to go into great detail at this stage of a veteran’s disability appeal. Anything written in the NOD could be used against a former servicemember, and it is best to avoid giving evidence at this stage.
It is possible to seek a higher-level review by a senior reviewer after filing an NOD. While this appeal option does not allow for the admission of new evidence, a veteran can pursue a higher-level review after going through the supplemental review process. If a higher-level review results in an unfavorable decision, it may be possible to submit an appeal to the Board of Veterans’ Appeals with the help of an attorney.
Submitting an appeal to the Board of Veterans’ Appeals involves attending a hearing before a Veterans Law Judge, and it is possible to provide supplemental evidence during these hearings. It is also possible to request a Veterans Law Judge to review the evidence already provided in lieu of a hearing and make a decision based on what is in the record. One of our steadfast lawyers can adequately prepare former servicemembers in and around Parkersburg for an appellate hearing before a Veterans Law Judge to maximize their chances of success.
The denial of your claim does not have to be the end of your pursuit of VA disability benefits. The VA appeals process gives you several chances to obtain the benefits you need even after receiving a denial.
Let a Parkersburg veterans’ disability appeals lawyer on our team assist you with appealing your claim. Call now to get started.