Appealing A Denial Of Veterans Disability Benefits

by | Jun 15, 2017 | Law Services

If you claim for what you believe is your rightful veterans disability benefits and the claim is denied you have every right to hire a veterans benefits lawyer in North Carolina and appeal the initial decision. You have a full year after the decision to appeal.

Don’t think for a minute that you are alone, you are not. The error rate on the part of the DVA is high; it is in your best interests to pursue your claim. At any one time there are around 800 thousand pending claims for veterans disability benefits and a staggering one third of them are appeals. An independent report found that the BVA, Board of Veterans Appeals, found errors in close to three quarters of the cases they reviewed.

What is an appeal and what can you appeal?

The DVA have defined an appeal as a request to the board to review the decision that was made by the claimants local office. An appeal can be lodged for any reason and as there are many errors made at this level it is in the best interest of the veteran to appeal. The most common reasons for appealing are:

   *  An outright denial of benefits the claimant believes are the result of his or her military service, and

   *  The claim is approved but the claimant believes the disability should have a higher rating

If the claimant wishes to appeal the decision of the local board the appeal is made to the BVA, Board of Veterans Appeal in Washington, all members of the board are lawyers with experience in matters of this nature.

Getting help:

The appeal process is lengthy and complicated; the majority of claimants making an appeal will do so alongside a veterans benefits lawyer in North Carolina. An accredited VA attorney can ensure the case is presented clearly and strongly, both of which will improve the chances of success.

If your claim for veterans benefits was not approved you should hire a veterans benefits lawyer in North Carolina. You are invited to discuss your claim with Jackson & MacNichol, Attorneys at Law.

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