According to the Veterans Administration over 60,000 service members have been injured as a result of the war in Iraq and Afghanistan. If you believe you have suffered a physical or psychological injury as a result of your military service, contact our VA disability lawyers immediately for a FREE case evaluation.
THE VA DISABILITY PROCESS
1) Apply for Veterans Disability Benefits
The first step is to apply for disability benefits at your Regional VA Office. (Click here for a list of all VA Regional Offices in your State)
2) The VA will send you a Rating Decision after you apply. Make sure to keep this decision from the VA, as this documentation is crucial if you ever secure VA disability attorney.
3) If unhappy, file a Notice of Disagreement.
If you are unhappy with the VA’s Rating Decision, file a Notice of Disagreement with your Regional VA Office within one year of the mailing date of your Rating Decision. When you submit your Notice of Disagreement you can request that a local VA Decision Review Officer reconsider your initial denial and you can request a personal hearing. If you make it to a private hearing, you should begin thinking about hiring a competent VA disability attorney.
4) The VA will send you a Statement of the Case & VA Form 9.
If you are unsuccessful at the personal hearing, the VA will send you a Statement of the Case and VA Form 9. The Statement of the Case is a detailed explanation of why the VA denied your claim and your hearing. The VA Form 9 is the paperwork you are required to fill out and explain to the VA why they made the wrong decision.
5) Fill out the VA Form 9 Paperwork within 60 days of receiving.
After you receive the Form 9, you can submit additional evidence to the VA regarding your disability. At this juncture, you have the right to request a hearing with the Board of Veterans Appeals. A skilled VA disability lawyer can assist you in filling out the VA Form 9 paperwork and give you an advantage in the claims process. Call (800) 256-7728, or email firstname.lastname@example.org so our VA disability attorneys at Taylor Martino can assist you.
6) The VA will send you a Supplemental Statement of the Case.
Take the Supplemental Statement of the Case and review it with your VA disability attorney. Your attorney will work with you to understand the next steps in the appeals process.
7) File an Appeal with the Board of Veterans Appeals (BVA)
If you are still unhappy with the VA’s decision, you can file an appeal with the Board of Veterans Appeals. This appeal is submitted at your regional VA office. You only have 60 days from the date of your Statement of the Case or one year from your Rating Decision to file an appeal.
8) Request a hearing before a member of the Board of Veterans Appeals
You have the right to a hearing with a member of the Board of Veterans Appeals to argue your case. You can elect to have the hearing at your local VA office, in Washington, D.C. or via videoconference (typically videoconference hearings are faster than in-person hearings). You are allowed to have a VA disability attorney to represent you at the conference and to present your case. A VA disability lawyer should assist you in preparing for this court appearance. After your hearing, the Board of Veterans Appeals will issue a decision in your case. The Board of Veterans Appeals can grant you the following relief:
(1) The BVA can give you disability benefits,
(2) They can issue a Final Denial of your claim, or
(3) The BVA can remand your case or send your case back to the Regional Office asking them for additional information before rendering a decision.
If the BVA denies your claim you have options:
- Ask the local VA office to reopen your claim.
- File a motion asking the BVA to review the case because you believe the BVA Board member who held the hearing made a clear and unmistakable error when he denied your claim.
- File a lawsuit with the U.S. Court of Appeals for Veterans Claims.
Contact our capable VA disability lawyers at Taylor Martino law firm immediately so that we can provide you a FREE case evaluation. If you choose one of our VA disability lawyers to represent you, it will cost you nothing up front. If we are successful with your claim, the U.S. government is required to pay your legal fees. If we are unsuccessful, you do not owe us anything!