Veterans' Benefits Denial Lawyers
The lawyers and attorneys at our firm are offering free consultations to veterans whose application for disability benefits has been denied, as well as spouses of deceased veterans who have been denied their survivor benefits. Over the past several years, as Americans have been horrified to learn of the mistreatment inflicted on returning Iraq war veterans by the Department of Veterans Affairs (VA), laws and other regulations have been enacted to protect the rights of veterans to medical and other benefits they are entitled to.
Since June 2007, veterans have been allowed to retain an attorney after the first denial of benefits. If you or someone you love has been denied veterans' benefits, there are remedies available to you. The veterans' benefits denial lawyers at our firm will work hard to make sure the federal government honors your service to this country. We won't stop fighting until you receive the veterans' benefits the law says you deserve.
Veterans' Benefits
There are numerous benefits available to veterans and their families. These benefits can include health benefits, home loan benefits and education benefits. If you have lost a loved one who was a member the armed services, you may also be entitled to survivor benefits.
A veteran is eligible for disability benefits if they sustain an injury or disease that occurred while on active duty. You may be eligible for veterans' benefits if you have a service-related disability and you were honorably discharged, or discharged on other than dishonorable conditions. The amount of monthly veterans' benefits depends on the severity of your disability. In some cases you may be paid additional amounts if you have suffered a loss of limb or limbs; you have a spouse, children, or dependent parents; or if your spouse is seriously disabled.
Determining the amount of benefits a veteran should receive is a complicated process. Veteran's disability benefits are based on the establishment of a service-connected impairment and the assigned disability rating based on that injury. The rating reflects the percentage loss of use of a body part, and benefits will be based on this assessment.
One of the key problems facing many veterans is the fact that their VA rating does not reflect the true extent of their disability. There can also be a conflict as to whether the impairment is service-connected or secondarily related. This can be especially true for veterans facing mental health issues, such as post-traumatic stress disorder (PTSD), relating to their service.
Veterans' Benefit Denials
To receive veterans' benefits you must make a claim with the VA. New applications by Iraq and Afghanistan war veterans have resulted in long delays and a higher likelihood of mistaken denials. If you are denied, you can appeal the VA's decision. However, after you receive a disability rating, you only have one year to file a Notice of Disagreement (NOD). Once it has received your notice, the VA will mail you VA Form 9 that you must fill out and return.
After a VA Form 9 has been submitted, the VA will convene a "personal hearing." You are allowed to have representation at this hearing, and it is highly recommended that you obtain an experienced veterans' benefits denial lawyer for this proceeding.
If an appeal is denied, veterans have the right to another appeal to the United States Court of Appeals for Veterans Claims. This court is entirely independent and separate from the VA. Such appeals are extremely complicated, and if you have not already hired an attorney, it is recommended that you do so at this point.
Legal Help for Victims of Veterans' Benefit Denials
Making a claim or appeal with the VA can be very complicated. The veterans' benefits denial lawyers at our firm can help you better understand exactly what benefits you are entitled to. If necessary, our attorneys can help you with filing a claim or appealing a decision.
If you or someone you love has been denied veterans' benefits, you have valuable legal rights. Please fill out our online form, or call 1 800 LAW INFO (1-800-529-4636) to discuss your case with one of our experienced veterans' benefits denial lawyers as soon as possible.