How to Deal with a Denied Veterans Benefits Application
Unfortunately, it can be difficult for veterans to obtain disability benefits. In fact, when a veteran applies for disability benefits, there is a great chance they will be denied access to such compensation. The process is demanding and requires the completion of various processes. However, if you are denied veterans disability compensation, you can request a Decision Review Officer hearing.
How Can a Veteran Go About Requesting a Decision Review Officer Hearing?
To start, a veteran must file a Notice of Disagreement in order to request that a Decision Review Officer from the Regional Office review the disagreement. When the review occurs, the Decision Review Office will assess the application without any biasness or consideration of the previous denial.
To assess the veterans application, the Decision Review Officer will consider the following:
- All evidence of the records
- Applicable laws
- Medical conditions
Additionally, a Decision Review Officer is permitted to conduct any outside research to obtain additional evidence that he or she may consider necessary to resolve any matters addressed in the Notice of Disagreement filed by the claimant. Furthermore, the Decision Review Officer can organize informal conferences with the claimant if necessary.
These intense reviews are designed to decide whether a veteran was wrongfully denied access to disability compensation. It is important to keep in mind that although a Decision Review Officer is allowed to overturn a rating decision without considering the prior denial, the Decision Review Officers may not reverse a favorable part of the decision that a decision-maker completed before.
VA Decision Reviews and Appeals
Decision reviews and appeals are the process of requesting a review of the initial decision made by the VA regarding a veterans benefits application. The VA allows veterans to submit a number of documents when appealing their denied benefit claim, including medical records, legal arguments, and other supporting evidence. This is done in order to prove that the veteran’s disability is severe enough to qualify for compensation.
Request a Decision Review
Requesting a Decision Review is the process of appealing a denial of veterans benefits. A veteran must file a Notice of Disagreement, which will initiate the review process. The Decision Review Officer (DRO) assigned to the case will assess all evidence presented in the claim, including medical records, applicable laws, and any supporting documents provided by the claimant. The DRO may also conduct outside research to obtain additional evidence that is deemed necessary.
Manage Your Decision Reviews and Appeals
When appealing a denied veterans benefits application, it is important to manage the process of your decision reviews and appeals. This can be done by keeping track of the documents you submit, schedules of hearings or meetings, and any other information related to your appeal. It is also essential that you understand the timeline in which decisions are made by the VA. To ensure that your appeal is successful, it is important to stay organized and informed.
How to Appeal if the VA Denies You Disability Benefits
If the VA denies a veteran disability benefits, then they have the right to appeal that decision. To do so, veterans must file a notice of disagreement within one year of the date of the denial letter. This will initiate the appeals process and alert the VA that you are contesting their ruling.
The appeals process requires veterans to provide evidence supporting their claim for benefits. This includes medical records, legal arguments, and other supporting documents. After submitting this information to the VA, a decision review officer will assess all of the evidence and make a determination regarding your appeal. If the appeal is successful, then benefits will be awarded to the veteran.
How Long Do I Have to Appeal?
Veterans have one year from the date of the denial letter to appeal a decision by the VA. It is important to note that the appeals process can take months or years, depending on the complexity of the case and how long it takes for all of the necessary documents and evidence to be submitted. If a veteran feels they need more time to prepare their appeal, they can contact the VA and request an extension.
What Should I Write on the NOD?
When submitting a Notice of Disagreement (NOD) for a denied veterans benefits application, it is important to provide clear and concise information about the reasons why you believe that your claim should be approved. The NOD should include:
- Your full name, social security number, and/or VA file number
- The date of your initial claim decision
- The reason why you disagree with the denial
- Any additional evidence that supports your claim
Because these types of cases can be extremely complicated, it is important that veterans denied access to disability benefits contact experienced legal counsel right away.
Shook & Stone Can Pursue Justice for You
If you are a veteran facing difficulties obtaining disability compensation, we encourage you to contact our Las Vegas veterans’ disability lawyers at Shook & Stone right away. At our firm, we understand the complex legalities involved with such cases. That is why we are here. When you entrust us with your case, we will explore every avenue of your case and determine what actions should be taken to pursue justice for you. We care about your future.
To discuss your case, call us at (702) 570-0000 ! We can put aggressive legal counsel on your side of the courtroom!