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Atlanta Veterans Benefits Attorneys Address Appealing A Denial Of VA Disability Benefits


March 04, 2018

Dealing with the Veterans Administration (VA) can be difficult. Then again, successfully navigating the red tape bureaucracy in the VA requires knowledge of the system, persistence, and determination. While you go take on the VA alone, you stand a better chance of success on your appeal if you have the zealous Veterans' benefits attorneys at Montlick & Associates, Attorneys at Law, on your side. They understand the process and know what it takes to argue your case before the VA decision makers and you deserve to receive the Veteran's benefits you earned through your service in the United States Armed Forces.

The appeal of a denial of Veteran's benefits starts with a process the VA calls a "pre-appeal." In the pre-appeal stage, you have already filed your claim for benefits, and the VA has denied it. At that point, you are seeking either a reconsideration of their decision or to have a higher authority overturn the denial of your benefits. The appeal may be from a denial of a decision made by a VA office or a VA hospital. An appeal usually involves appealing a decision that the medical condition for which you seek coverage is not related to military service or the VA gave you a disability rating lower than it should have been rated.

Appealing a denial of benefits has two components to it. The first component is an appeal to the local VA office. If the local office denies your appeal, you may request further appellate review from the VA in Washington, D.C. You must appeal to the local office and wait for their decision before you can appeal to Washington.

To initiate your appeal with the VA, you must file a letter of disagreement with your local VA office. The law allows you up to one year to file that appeal. Your appeal will be dismissed if you do not file within that deadline and your benefits may be forever lost. Your denial letter should tell you what to file and where to file your letter of disagreement. Having a Veterans' rights attorney work with you to draft your letter of disagreement can demonstrate to the VA that you are taking your claim seriously. Also, a Veterans benefits attorney has the ability to write your notice of disagreement and lay out all of the grounds for appeal which increases the chances of the local VA overturning the original denial of benefits. In your letter of disagreement, you can elect to have a traditional appeal or a "Decision Review Officer" analyze your appeal.

The VA will file a statement of the case with you, describing in detail why the VA denied your benefits in the first place. At that time, you can submit additional evidence in support of your claim or request the VA to obtain additional information that you specify which you believe will support your claim. Evidence can be additional medical reports or physician's opinions relating to the nature of your injury or the severity of your disability. The VA can file a supplemental statement of the case after reviewing the newly submitted evidence.

At this juncture, you can elect to seek relief from a Veterans' Law Judge. The judge is specially trained in Veterans' benefits law (U.S. Code: Title 38 - VETERANS’ BENEFITS). You have the opportunity to have a hearing in personal or via teleconference. The judge can ask you questions, and you have the chance to present evidence on your behalf. The judge will take the matter under advisement and issue a written decision. If you are not satisfied with that decision, you have the opportunity to file an appeal in the United States Court of Veteran's Claims.

This process can be long and frustrating. However, as a veteran of the United States Armed Forces, you have the right to certain benefits. Montlick & Associates helps our clients fight to maximize your chance of receiving the Veterans' benefits to which they are entitled.

Put Our Law Firm's Over 36 Years Of Legal Experience To Work For Your Case!

If you or a loved one has been injured in any type of accident that occurred at work, contact Montlick & Associates today for your free consultation with our experienced veterans benefits lawyers in Atlanta. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Sources:

https://www.benefits.va.gov/warms/topic-title38.asp

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333 

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.