| When
can I hire an attorney to help me with my claim?
You can
call us at any stage of your appeal for help. Even if you
have not filed a claim yet, feel free to call us for some
free advice as to how to go about filing.
How
do I know if I deserve benefits?
The best
way to determine eligibility for benefits is to contact your
local regional office and request a copy of your service medical
records. If you haven't filed a claim before, it will probably
take them a while to get the records to you, as they would
probably be in storage at the National Personnel Records Center
in St. Louis, Missouri.
Once you
obtain your records, the best advice widely available at the
local level is the national service organizations. If you
are a member of The American Legion, Disabled American Veterans,
or another service organization, contact their local offices
and they will be able to offer you advice on your specific
claim.
Alternatively,
if you have questions of a general nature, please feel free
to contact our law offices directly. At the very least, we
should be able to point you in the right direction and give
you the help you need as you proceed through the complicated
claims process.
I've
been turned down by the VA. What should I do?
Once you
are denied benefits at any level of the VA claims process
the clock starts ticking on your time to appeal. If you have
recently been denied benefits at any level of the VA
claims process, you should call our office immediately.
This is especially true for those who have complicated psychiatric
claims or those whose claims have been denied by the BVA in
Washington, D.C.
What
will I have to do to appeal a claim? Is it hard and/or time
consuming?
Until
a claim is denied by the Board of Veterans' Appeals (BVA),
the claims process is considered non-adversarial by the VA.
What that means is that they are not supposed to be fighting
your claim, just doing research to see if you deserve the
benefits you seek.
If you
submit a claim to the VA, the VA has a legal duty to
research your claim carefully and apply the law to it thoroughly.
If you appeal a denial, you might be asked to provide more
information or corroborating evidence concerning your claim,
but you won't be forced to do anything. The duty is on the
VA to make sure your claim was properly denied.
The claims
process can be stressful for many veterans. Many feel they
are getting the runaround from the VA or that their sacrifices
for their country aren't being appreciated. So an appeal is
never fun. But the process itself is not a difficult one,
and should certainly be considered by every veteran who feels
he or she has been denied a benefit they deserve.
Will
I have to testify in court if I appeal my claim?
You have
a right to a hearing if you want one, but you can't
be compelled to go to a hearing if you don't want one.
The VA won't even schedule a hearing for you unless you ask
them to.
Can
I hurt my chances to eventually win on a claim if I appeal
it now and it is denied by the BVA or by the Court?
No. It
is generally much easier to win a claim by appealing it than
it is to let the claim lapse then try to reopen it. Every
valid claim should be pursued at least to the Court. If you
start a claim now, stop pursuing it, and then try to pick
it up again later, you could lose out on thousands of dollars
in past-due benefits that you otherwise would have received.
If you have any questions about appealing and/or reopening
claims, just give us a call: 877/838-2889.
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