Appeals can be a long process. However, with the assistance of an experienced disability attorney, you can navigate the process and increase your likelihood of success.
Buddy statements are letters from friends, family members, and others who can attest to the difference in a veteran’s personality or behavior due to their disabilities. These letters can be used in VA disability appeals.
Hire an Attorney
As any veteran who has filed a disability claim knows. The VA has been known to make mistakes on many occasions. As a result, veterans who receive a denial of benefits should wait to give up and instead seek to appeal their decision.
Choosing an attorney specializing in veterans benefits law can be the key to winning your case. This type of litigation requires unique analytical, strategic, brief writing, and oral advocacy skills. A lawyer who has experience successfully navigating the appellate process can provide you with insight and guidance during this complicated and stressful process.
If you hire an attorney to assist you with your claim, it is essential to remember that a firm’s fee structure can vary. Some firms charge flat fees for filing an appeal, while others require a percentage of the award if the case is successful.
Be Prepared
Many veterans experience frustration with the VA’s claims process, especially regarding psychiatric conditions such as PTSD or TBI. The agency makes mistakes and overlooks essential evidence, failing to inform veterans about their case status satisfactorily.
The good news is that you have recourse. Berry Law can help file a claim, understand your medical evidence, and be well-versed in formulating arguments to help you win an appeal at the Court of Appeals for Veterans Claims.
Before hiring an attorney, ask about their VA accreditation and whether they have ever appeared before the Court of Appeals. You want an attorney who will stick with you throughout the multi-year appeals process and has experience representing veterans at all stages of the appellate procedure. You also want an attorney with a strong track record helping clients get compensation for service-connected disabilities. This includes obtaining DoD discharge upgrades and establishing compensable PTSD or TBI ratings.
Don’t Be Afraid to Ask Questions
When it comes to benefits, many rules and procedures must be followed. It is essential to ask questions without fear of clarification.
It’s also crucial to be prepared because some appeals will take years to process. During this time, you must maintain a positive case record. This includes ensuring all claims are appropriately documented with accurate patient demographics, diagnosis codes, and procedure information.
Working with an accredited attorney or a Veterans Service Officer (VSO) is best if you are filing an initial claim. Only VSOs and accredited representatives can represent a veteran, service member, dependent, or survivor before the VA. Strict time limits, forms, and VA claims and appeals requirements exist.
Be Flexible
Whether you are an attorney representing a client or an individual seeking justice alone, the appeals process can seem daunting. Fortunately, it doesn’t have to be. With some preparation, you can make the most of your appeals experience and secure justice.
Veterans can receive disability benefits for injuries and illnesses incurred during military service and conditions presumed caused by exposure to toxic chemicals like Agent Orange while serving in Vietnam. The compensation that a veteran receives is based on their disability rating.
An employer must follow the ACAS code of practice (if covered) and company procedures when considering flexible working requests. If they do not do this, an employee can complain to a tribunal that their request has not been handled reasonably.
