Your Nation Owes You for Your Years of Service
If you or someone you know is having difficulty understanding and fighting for VA disability benefits, call our Veterans benefits specialists immediately. Get the benefits you deserve for giving your service to the Nation.
The VA Claims Process Can Be Daunting
Here’s how our experienced Veterans benefits attorneys can help you
Give You Advice to Get Compensation for Medical Needs.
We will help you provide detailed information on your condition and advise you on whether these conditions are possible for compensation.
Collect Supporting Documents.
Lack of or insufficient supporting documentation is one of the most frequent reasons disability claims are denied. We will help you gather the most useful documents to demonstrate the effects of your disability and how it relates to your service.
Make Sure You Are Updated on the Process.
A lot of veterans fail to succeed in claiming their benefits due to missing out on the important stages. Most importantly, the C&P (Compensation & Pension) exam.
Connect You with a Doctor for IMO
An Independent Medical Opinion, or IMO, is supplementary information that can support your C&P exam. We can connect you with a reliable doctor to write you an independent evaluation.
Appeal Denial
If your claim gets denied, you have a higher chance of success in appealing if you have an experienced Veterans benefits lawyer on your side. Attorney representation means you will understand why you were denied and the options in ensuring you get your benefits.
Why Veterans Choose Not to File for VA Disability
There are a lot of misunderstandings regarding what it means to make a VA disability claim and what happens after that.
They think they are not eligible.
Some veterans believe they are not eligible for the following reasons
Discharge status. The VA occasionally makes exceptions even if you do not have an honorable discharge. You have a higher chance of obtaining a discharge upgrade with the help of a veterans benefits lawyer who can assist with your claim.
Period of service. To qualify for VA service connected compensation, you must have served on active duty, active duty for training, or inactive duty for training. It is a myth that you cannot obtain disability benefits because of your service period if your disability is related to your service. However, for non-service connected pension you must have served during a period designated by the VA as a period of war.
Cause of wound, injury, or illness. It is not necessary that your wound, injury, or illness was caused by combat or your service. The only requirement is that it is connected to your period of service.
Once denied, there is no reapplying.
Many veterans fear applying because they think they will lose it all if their claim is rejected.
Even if your claim for disability benefits gets denied, it’s not the end of it. There is still an appeals process. This means that if you go through the claims process and fail, you get a second chance. Additionally, if needed, you may even re-apply.
They think they can’t rely on an attorney to help.
While the help of an attorney isn’t required to apply for VA benefits, your odds are better if have an experienced Veterans benefits attorney on your side. The compensation you get from VA benefits can significantly improve your quality of life. You want the best odds at getting the authorities to approve your claim.
Studies have shown that hiring a lawyer greatly improves the chances of your case. An experienced Veterans Disability attorney will represent you at hearings and ensure that all of your paperwork is completed correctly and on time and that your case is supported by the best evidence possible.
The disability benefits are too small to be of use.
In 2022, a married veteran with a 100% disability rating can receive as much as $43,000 a year in benefits! Now, even if you don’t qualify for 100%, it’s not an amount to scoff at. At 10%, you can expect to receive around $144.13, which helps to cover expenses related to disabilities related to service.
The effects of disability can be very severe. There’s nothing wrong with getting a little help to improve life. Apply for your VA disability benefits now with the help of Jackson & MacNichol!
What Do I Need to Know about the VA Claim Exam?
The Compensation and Pension exam (AKA C&P exam) is usually part of the application process. This helps the authorities check the essential elements of your claim to determine the extent of the benefits you can receive.
The C&P exam can be nerve-wracking for many veterans.
To help maximize your chances, here are some tips to keep in mind:
- Arrive to the exam early: Getting to the venue earlier allows you time to calm your nerves, familiarize yourself with the surroundings, and
- Be honest: While it may be tempting to say things to try to improve claim for your benefits, exaggerating your symptoms can bring more harm than good. Stick to the facts!
- Write down what happened during the exam: The quality of the C&P exam is sometimes an issue. Be sure to write down details of what happened, as it can help your appeal should your claim be denied. Were you rushed? Did the examiner seem unsympathetic? Exactly what did the examiner check?
Fixing a Bad C&P Exam
Not everyone’s perfect. Sometimes, your VA benefits claim may not be approved, no matter how hard you try. However, there is a way to “fix” a bad C&P exam.
Be sure to ask for a copy of the results from the regional office. Once you do so, note the differences between what you told the examiner and what’s in the report. This lets you know what kind of evidence you need to prepare during the appeals process.
It can also be helpful to get a second opinion, regardless of the quality of your C&P exam. A statement from a qualified medical professional can help you receive approval.
The C&P exam is one part of the entire process of receiving disability benefits. At Jackson & MacNichol, we’ll take care of your case from start to finish to ensure that everything goes smoothly. A qualified attorney can differentiate between a successful claim and a low rating. Call our South Portland law office to learn more!
What Do I Do if My Appeal Gets Denied or Remanded?
If your appeal is not approved, it either means a denial or a remand. You may be worried about what it means for your benefits. We’re here to explain the difference between the two and what you should do in either case.
What if my appeal is remanded?
A remand can mean there wasn’t enough information to approve or deny your appeal. Almost 40% of all cases become remanded, which makes it the most likely outcome for an appeal to the Board of Veterans Appeals (BVA) case.
Usually, the BVA issues a remand when:
- There is a lack of evidence
- There is a new theory of the case
- The law has changed
- Your condition worsens
- There is a processing error
Usually, the remand decision includes the reasons for the decision. Be sure to review it carefully, so you know what to do to develop your case.
What if my appeal is denied?
Although denial is the worst possible outcome for your appeal, it is not the end of the road. If your appeal is denied, you can go to the Court of Appeals for Veterans Claims or CAVC. The VA has its own federal court of appeals, and even if your claim is denied there, its decisions can be appealed to the Federal Circuit court. There is also a process for reapplying while keeping your original application date so you don’t lose potential past benefits.
Call our Experienced South Portland VA Benefits Attorney Now!
If you’ve suffered a disability from your service, you deserve justice and compensation! At Jackson & MacNichol, we are dedicated to helping veterans receive the benefits they are owed.
Retaining an attorney to help you throughout the process significantly reduces the chances of a denial. Don’t delay hiring an attorney. Call Jackson & MacNichol today to schedule a consultation!
As seen on:
Francis Jackson has been seen on ABC, NBC, CBS and Fox TV network affiliates around the country and is a regular contributor on Money For Lunch with Bert Martinez where he discusses the issues that affect Veterans’ benefits.
Testimonials from Veterans We’ve Helped.
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