New Jersey VA Disability Attorneys
Denial of VA Compensation Benefits
One of the toughest decisions that injured veterans have to face isn't even their own. That is, the decision made on behalf of the United States Department of Veterans Affairs that declares whether or not a veteran's ailments qualify him or her for VA compensation is an extremely delicate decision that many veterans have little control over. A denial disability benefits is certainly discouraging, but it does not mean that all is lost.
According to the Department of Veterans Affairs, the appeal process is as follows:
- A written appeal must be filed with the local VA regional office or medical center that initially denied the claim
- Once the appeal is received, the veteran will be mailed a Statement of the Case explaining why the initial claim was denied, as well as a VA Form 9 document that must be filled out and returned in a timely manner
- Retain the services of an experienced VA disability compensation attorney and fill out VA Form 22a in order to authorize that attorney to represent you; if you choose not to retain a private attorney, fill out VA Form 21-22 to authorize Veteran's Service Organization representation
- Once the VA office forwards the written appeal to the Board of Veterans' Appeals (BVA), the veteran will have a minimal amount of time to provide "convincing proof of exceptional circumstances" in order to prove that either he or she is in fact eligible for VA compensation benefits
- A personal hearing in front of either a local VA office appeal representative or a BVA representative may be requested, and further evidence meant to strengthen your case may be furnished
- Once an appeal is received by the BVA, the veteran will be notified of such and, after a decision has been made, the veteran will be notified of the decision in writing
- If the BVA still denies your claim, you may appeal to the U.S. Court of Veterans Appeals for Veterans Claims, and you must either: prove that the BVA made an obvious, citable error in its decision making process; provide the BVA with new evidence if such evidence suddenly arises; or prove that the decision involved a "clear and unmistakable error" (CUE) at some point throughout the process
Veterans commit themselves to the armed forces. At Kazmierczak & Kazmierczak, LLP, our VA compensation attorneys are committed to helping ensure that veterans receive the benefits they deserve for having given their time for this country. If you have questions about denial of VA disability benefits, please call us at 877-527-5529. We can answer any questions you have about the appeal process, so please don't hesitate to contact the NJ veterans disability lawyers at Kazmierczak & Kazmierczak, LLP today for more information. We will work tirelessly to provide you with accomplished, effective representation that gets results.
Please Call 1-877-527-5529 or fill out our Contact Form to schedule a free consultation to start the application process for your disability.