If You Have Been Denied Your Veterans Benefits You Should Appeal

by | Jun 15, 2017 | Attorney


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In appreciation for serving in the military, defending the US and its way of life, the government rewards you with a number of benefits. Unfortunately, getting these benefits is not as simple as simply asking, in many cases a veteran is denied benefits you deserve altogether. Fortunately, there are options, one of which is to hire a veterans benefits attorney in Ohio and appeal the decision to deny the benefits that you know you earned and deserve to get.

The appeals process:

An appeal, regardless of what court it may take place in is a request for the “legal body” to have a second look at the decision that was made that affects your rights. The BVA (Board of Veterans Appeals) is an integral part of the DVA, any claimant that is dissatisfied with the results of their claim for benefits can lodge an appeal with the BVA. Even if the BVA concur with the earlier decision the claimant can appeal to the US Court of Appeals.

The veteran can represent him or herself at any stage of the process; however, with so much at stake it is in the claimant’s best interest to hire a veterans benefits attorney in Ohio.

Steps in the appeals process:

There are any number of reasons to appeal the board’s decision. Perhaps your claim was denied outright or perhaps you are of the opinion that your disability is more severe than it has been rated by the DVA. Regardless of why you are going to appeal, the process is the same.

 * You must first file a Notice of Disagreement. If you are planning on hiring a lawyer, this is the earliest that you can do it.

 * The DVA will, upon receipt of your NOD, prepare a statement on your case explaining the laws that were used in deciding on your claim

 * You will have received a VA form with the statement of case, if you wish to pursue your appeal this form must be returned with detailed information that supports your contention.

With the complex laws, rules and regulations that apply right through the appeals process you can see why legal representation is a must if you hope to improve your chances of being granted your rightful disability benefits.

If you were disabled while serving in the military you can expect benefits. If your claim for disability benefits is denied you need to hire a veterans benefits attorney in Ohio to represent you during the appeals process. You are invited to contact Jackson & MacNichol, Attorneys at Law.