Navigating the VA process can feel exasperating and disheartening – especially if you have already spent years stuck in the process. You may be unsure of where to turn for assistance, and what your options are in regard to appealing a VA decision. Every year, Veteran Affairs unfairly denies VA disability claims, leaving disabled veterans unable to receive the benefits they need. If you believe that you were subject to an unfair denial, VetLaw is here to help. To discuss your case in further detail, consider contacting a Sacramento veteran disability appeals lawyer at 336-355-8387 today.
VetLaw was founded in 2014 by Attorney Brendan Garcia, a United States Marine Corps veteran and former Veteran Affairs attorney. This experience has informed our practice, providing our team with the experience necessary to navigate the ins and outs of the VA process. We are passionate about fighting for the rights of disabled veterans, and strive to secure a favorable outcome for all of our clients.
We utilize a “no win, no fee” structure, which means that you will not be expected to pay any upfront costs for our representation. Rather, we are compensated only after we win your case. This motivates us to work tirelessly for our clients and ensure that they are able to access VA disability benefits.
Veteran Affairs used to rely on the VA legacy appeals process to review decisions. The Veteran Appeals Improvement and Modernization Act of 2017 changed this system, however, and introduced the Veteran Affairs decision review process. This process was implemented to modernize the claims and appeals processes, introduce three different options for appeals, and provide earlier claim resolution. Under the Veteran Affairs decision review process, veterans have three avenues for appealing an unfair VA decision, which include:
There are different advantages associated with each different option and to achieve the fastest resolution for your case, it is important to select the right appeal option. Your Sacramento veteran disability attorney will review your case and provide guidance on which option is right for your case.
While many people feel that the appeals process is hopeless or obsolete, this is entirely untrue. According to the 2021 Annual Report from the Board of Veterans’ Appeals, 38% of appeals made in the Veteran Affairs decision review system were accepted. Statistically, you have a good chance of appealing an unfair VA decision in the appeals process. Navigating this process is complicated, however, and many veterans would benefit from seeking legal assistance after Veteran Affairs denies their VA disability claim.
The skill and guidance provided by a Sacramento veteran disability appeals lawyer can be critical to having your appeal accepted by Veteran Affairs. Your attorney will serve as your trusted advisor and fearless advocate, ensuring that your case is resolved as quickly and efficiently as possible. Specifically, your lawyer can provide assistance with the following matters:
For the quickest outcome, you should consider hiring an attorney to help with your VA disability claim appeal as soon as possible. The Board of Veterans’ Appeals faces substantial backlogs for new appeals, and waiting too long to appeal a VA decision can extend the process greatly. Furthermore, there is a one-year time limit placed on the appeals process. Veterans who disagree with a decision only have one year from the date of notification to file an appeal. As such, ensure that you seek legal assistance in a timely manner.
The VA Regional Benefit Satellite Office at Sacramento VA Medical Center – Mather is the closest Veteran Affairs Office to Sacramento, offering in-person services to veterans in the area.
While legal assistance is valuable in every step of the appeals process, the representation provided by a Sacramento veteran disability attorney can make all the difference in the outcome of your Board of Veterans’ Appeals hearing. The hearing can be intimidating, and many veterans do not know what to expect during the event. Your attorney will ensure that you are adequately prepared for the hearing, attend the hearing with you, and assist in gathering buddy statements, medical evidence, and independent medical opinions to support your case.
How long the VA disability appeal process takes depends on a range of circumstances, which include:
According to the most up-to-date information listed on the Veterans Affairs website, it takes 4 to 5 months on average to complete a Supplemental Claim and a Higher-Level Review. A Board Appeal can take much longer, however, depending on the type of review sought. Requesting a direct review at this level can take a year or more to complete, while it can take a year and a half to receive a decision after submitting new evidence. Requesting a hearing will take the longest, often taking two years for the Board to complete.
As a United States veteran, you are entitled to certain benefits and support. At VetLaw, we believe that veterans who suffer a disabling condition should be able to access VA disability benefits and receive compensation for their illness or injury. If you were denied VA disability benefits, consider contacting VetLaw at (336-355-8387 for a free case review with a Sacramento veteran disability appeals lawyer near you today.
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