Veterans Helping Veterans: Disability Claims in Four Easy Steps
The Berry Law Firm specializes in Veterans’ Benefits law–helping veterans secure disability compensation for injuries or diseases incurred in or aggravated during military service. For veterans who are considering filing claims, there are four steps towards being awarded the financial compensation and medical benefits you deserve.
Step One: Filing Your Claim
The first step for a veteran is to file a claim at one of the VA’s regional offices (VAROs), which exist in all states. The VARO will adjudicate the claim in a Rating Decision. The decision may approve the claim, deny the claim, or defer the claim for additional information. Even if a claim is approved, veterans often disagree with the rating determination or the effective date of the award.
Step Two: Notice of Disagreement
If a veteran is dissatisfied with the determination of the VARO, the veteran has a right to file a Notice of Disagreement with the VARO within one year from the denial. New evidence may still be submitted. This triggers further written review of the claim known as a Statement of the Case. This is the first point in the process where the law provides for an attorney assisting a veteran to be compensated.
Step Three: The Board of Veterans’ Appeals
A veteran who is still dissatisfied has 60 days to appeal the decision of the VARO to the Board of Veterans’ Appeals (BVA, in Washington, D.C. The veteran may choose to participate in a hearing before the Board. BVA will readjudicate the claim and may grant the claim, remand the claim back to VARO, or deny the claim.
Step Four: The Court of Appeals for Veterans’ Claims
Unlike the BVA, the Court of Appeals for Veterans Claims (CAVC) was created by Congress to be independent of the VA. Claimants whose relief was denied by the Board of Veteran’s Appeals have 120 days to file an appeal with the CAVC. At this level there are two requirements: 1) the claim must be fully developed because the CAVC will only look to errors appearing on the Record Before the Agency; and, 2) the attorney who represents the veteran should be familiar with the Court and how to document remandable error on the record. Subsequent appeal must be made to the Federal Circuit.
While claims may be reopened again and again at the VARO based on new and material evidence, appeals to the CAVC preserve the effective date of the claim, which may entitle the veteran to a larger backpay award.
Berry Law Firm aggressively seeks financial compensation and medical benefits for veterans injured during military service. From combat wounds or training injuries to post-traumatic stress or chemical exposure, we welcome veterans from all branches of service. Furthermore, we do not receive compensation until we win. For a free consultation and review of your claims for VA disability benefits, please call the Berry Law Firm at (402) 466-8444 or sign up online at ptsdlawyers.com.
