Appeal VA Disability Claim | VA Disability Appeal Lawyers | Jackson & MacNichol Law Offices

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Need to Appeal?

If you’re denied Veterans Disability benefits, don’t give up! It is frustrating when the VA denies your claim. The process of appeal can be long and tedious, but success is possible. Our team of VA disability appeal lawyers are here to help. Without the help of legal professionals, the process to appeal a VA disability claim can be difficult.

The first step in all cases is to file a VA claim at a regional VA Office.

If you do not like the results of the Rating Decision, then you can appeal.  The VA will give you a choice of appeal alternatives.  If the error in the decision was a very obvious error that requires no additional proof, you may file a request for Higher Level Review.  That means that another VA employee, often in the same office, will review the claim.  Unfortunately, because you are not allowed to submit more proof, the outcome is usually the same.

If the VA turned you down because of a lack of factual or medical proof to support some element of your claim, you will need to file a Notice of Disagreement. After the VA receives the Notice of Disagreement it will send the appeal straight to the Board of Veterans’ Appeals in Washington. At the Board level, we can request a hearing for you at the nearest VA office or at the Board’s main office in Washington, D.C. This hearing would be held by a hearing officer called a Veterans Law Judge.  If travel is an issue for you, we can request a virtual hearing over your computer, tablet or internet-connected mobile phone.

We usually encourage veterans to seek review with the Board of Veteran Appeals

This allows the submission of new evidence or a hearing before a Veterans Law Judge and the submission of new evidence.  Even though it can take a long time — up to two years in many cases, and in some cases more — to get a hearing.  The reason we encourage appealing to the Board, however, is that in most cases we can get the denial by the regional office overturned and sometimes even get the benefits granted outright by the Board.

Common Errors Made by the VA That Warrant an Appeal

You may be wondering what type of mistakes may lead to the denial of your claim. While the VA works hard to ensure all cases are handled in the correct manner, there are a variety of mishaps that can lead to denial and an appeal. Instead of getting frustrated, let us help as you appeal the VA disability claim you have filed.

Failure to Notify You About the Evidence Required

Among the most common mistakes that can lead to your VA claim being denied is a lack of evidence. By law, the VA is required to let you know what type of evidence they need to approve your disability benefits claim. If you do not receive this information, you are probably going to be denied. If you can prove you did not receive this information and it directly contributed to your claim being denied, this is a basis to appeal your denial.

The VA Did Not Provide a Medical Examination

There are certain cases when the VA will be required to provide you with a medical examination to verify the claims you have made. If there is evidence of things like current or in-service disabilities, you will need to get this medical examination. When these examinations are not obtained, it may result in a denial of your claim. Working with our team of legal professionals is the best way to find out what your rights are.

If the judge’s decision is not to your liking, our Veterans Disability Attorneys can file an appeal with Court of Appeals for Veterans Claims. In rare cases, it may be possible to appeal even further, to the Court of Appeals for the Federal Circuit.

What Should Be Included in an Appeal for a VA Disability Claim?

The first thing our VA disability appeal lawyers will help you figure out is what should be included in your appeal. When the VA denies one of these claims, they will generally give a reason. We will work hard to target your appeal and address any issues the VA has with your original request.

If the VA acknowledges your disability but has questions about whether the injuries you sustained happened while you were serving your country, you will have to compile more evidence. Getting a medical opinion and documentation stating the injuries sustained were in fact caused by an accident while serving is important. With this type of documentation, you will find it much easier to win your appeal.

Filing Your VA Disability Appeal With Your Local Regional Office Or Intake Center

After our VA disability appeal lawyers have helped you prepare your appeal, it will need to be taken, mailed, faxed or filed electronically with your local VA office or with the VA’s Intake Center. Filings can be made with the Intake Center by mail or fax.  In most cases, the next useful step after denial is taking your claim to the Board of Appeals. Getting help from our lawyers when taking a case to the Board of Appeals is critical. We will help you get all of your paperwork in order and advise you on what you can expect from this process.  We will attend the hearing with you and help you every step of the way.

If you need to appeal, don’t wait! Give us a call right away to discuss appealing your claim. We have years of experience helping veterans just like you appeal their denials.

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