United States Veterans who have served their country honorably should receive the veterans’ benefits they rightly deserve, but unfortunately, denials of benefits are all-too common. The Veteran Benefits lawyers at Parker Waichman LLP are committed to ensuring that our veterans have access to the full range of programs and benefits to which they are entitled. Our firm possesses expertise in a wide array of plaintiff litigation matters, especially in the area of veterans’ benefits denials. Our Veteran Benefit attorneys will expertly manage the paperwork and other demands hurled at service members and their families seeking benefits, and ensure that they are not held hostage by official procedure and administrative snarls.
At some point, our military service members made the decision to serve and protect their country. In response, a number of programs are made available; however, sometimes the process for receiving well-deserved veterans’ benefits is fraught with challenges that often include immediate denials and appeals that go nowhere. When an application for benefits is denied, veterans need aggressive, experienced advocates, like our Veteran Benefit lawyers, on their side to make sure they receive all of the benefits they are due. For legal assistance in filing or appealing your claim, contact the attorneys at Parker Waichman LLP by completing the form at right or calling us at 1-800- YOURLAWYER (1-800-968-7529).
Veterans Benefits, Denials and Appeals
According to Veterans Affairs (VA), veterans, servicemen and servicewomen, and certain family members and survivors are eligible to apply for veterans’ benefits including disability, pension, survivor, and compensation; education; home loans; vocational rehabilitation; and life insurance. Eligibility requirements differ based on the benefit sought, but typically involve length of service, separation of service that is not dishonorable, and relation to the service member, veteran, or reservist.
Veterans Benefits claims must be well documented and proven to be directly caused by military service. The process can be long and many – if not most claims – are denied. Once a claim is denied, an appeal must usually be filed within one year, accompanied with a completed Notice of Disagreement, with a local VA office for submission to the Board of Veterans’ Appeal Board, part of the Veterans Administration. If the VA finds the denial valid, it provides a Statement of the Case and another form (VA Form 9) to the claimant. The claimant must then complete the form either within 60 days of when the VA mailed The Statement of the Case or within one year of the original decision, otherwise the appeal will be closed. If the claim is denied at this level, veterans can bring an appeal to the U.S. Court of Appeals for Veterans Claims, provided a Notice of Appeal, postmarked within 120 days after the Board’s final decision was mailed, is filed with the Court. If a veteran is again denied, they may file an appeal with the US Court of Appeals for the Federal Circuit, and may ultimately petition the Supreme Court of the United States.
There are a number of instances were victims of veterans benefit denials may need to seek legal assistance. Veterans who have been subjected to “bad paper discharges” (other-than-honorable discharges) face added challenges when trying to prove a disability is service related or that the disability warrants priority status for veterans’ benefits. VA physicians have been known to misdiagnose service members’ disabilities, describing, for instance, personality disorder—as opposed to post-traumatic stress disorder—as a preexisting condition that is not the result of a combat injury. Difficult to prove diagnoses that are clearly a result of combat time – ailments linked to tropical diseases contracted during service, for example – can also make for difficult appeals. In these types of cases, veterans need an aggressive, professional, advocate familiar with the trappings of governmental and institutional bureaucracy. The Veteran Benefits attorneys at Parker Waichman LLP are experts in their field, and will make sure deserving veterans receive all of the benefits to which they are entitled.
Veterans Benefits Claims – Legal Help
The Veteran Benefit lawyers at Parker Waichman LLP are providing a free initial legal consultation to individuals whose applications for veterans’ benefits have been denied. If you or a loved one have received a denial from Veterans’ Affairs, we urge you to contact our office today to explore the legal remedies available to you. Fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529) to discuss your case with an experienced veterans’ benefits denial lawyer at our firm.