Many Veterans struggle to get the benefits they deserve and have to appeal a claim multiple times to receive any benefits. Though the process can be long and stressful, having a good team like Berry Law Firm can take some burden off your shoulders.
Once a Veteran wins their appeal, there are several more steps to take before the fight is over.
The Department of Veteran Affairs can complicate the process for a Veteran to receive benefits. It is not always a smooth process with immediate benefits for the Veteran. It can take an average of three to seven years to go through the entire appeals process. The Veterans Appeals Improvement and Modernization Act of 2017 was passed to fix this issue, but many Veterans experience improvement.
When the VA denies a claim, there are a variety of reasons. In some cases, the VA may actually grant benefits but with a low evaluation or an improper effective date.
There are numerous reasons why the VA will deny a Veteran’s claim, including the following:
Any time the VA denies a claim for service connection or a Veteran believes the VA failed to award the proper evaluation or effective date, they should appeal. The team at Berry Law Firm can evaluate any Decision to determine if they can assist a Veteran to appeal their claims.
Any appeal starts by documenting any medical problem and appealing a VA decision. Appealing can be time-consuming, so keeping on top of deadlines and evidence is key. The Veteran typically has one year to appeal a VA Rating Decision.
If the Veteran misses the deadline, that decision becomes final. The Veteran can always file a claim to reopen with new and relevant evidence but will add unnecessary time and effort. It can also affect the effective date a Veteran may be entitled to.
To ensure any appeal is done correctly and on time, it is critical to seek assistance from a knowable and accredited representative. The team at Berry Law Firm can review your claims and help you choose the best appeal track. Berry Law Firm can guide a Veteran through the evidence development and appeal process.
An effective appeal usually requires new evidence. The VA rarely reverses a decision based on the initial evidence or claim.
Because the VA has the duty to assist Veterans, they are required to help you gather the necessary evidence to make an appeal. This evidence could be medical records, service records, or medical opinions.
When filing a Supplemental Claim, a Veteran must include new and relevant evidence:
The evidence should help disprove an initial judgment made by the VA or prove something they overlooked. That means the Veteran should consider why the VA denied the claim in the first place and gather the necessary information to remedy that reason for denial.
The appeal process is often more complicated than the initial claim. There are strict rules all Veterans must follow, and there is no telling what the VA will do once a Veteran files an appeal.
A Veteran will receive different statuses to indicate where they are at in the process of appealing a VA decision.
Different statuses correlate to different meanings. Here is a list of examples of different statuses and meanings for the appeal process:
A Veteran can begin collecting benefits once the VA grants their claim.
Here are some initial steps that a Veteran should take once they win their disability appeal:
The VA claims appeal process can be stressful and complicated. It can also be more time-consuming than the initial claim. If a Veteran wins their claim, there are still important steps they should take to receive all the benefits they deserve. The team at Berry Law Firm can help you evaluate your case to determine if a Veteran needs to file an appeal or additional benefits.
For more information regarding VA law and Veteran benefits, visit our website.
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