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Veterans courageously make sacrifices to serve their country. One assumes that if disabled, obtaining benefits would not be a problem. It is an unacceptable and unfortunate fact that this is not the case. Often the Department of Veterans’ Affairs (VA) delays or even denies disability benefits to deserving individuals. It is not unusual for veterans to submit numerous appeals and wait several years before receiving benefits.
What does the veteran’s appeal process involve?
Once a veteran’s disability claim is denied, the next step is for the veteran to file a Notice of Disagreement (NOD), request a copy of the rating decision, explain reasons for disagreeing with the denial and state the desire to appeal. In response, the VA sends a Statement of the Case (SOC), summarizing how it arrived at its decision, and a form to fill out for appeal, called a Substantive Appeal. Other complications are also involved with appeals, an SOC that does not provide adequate information about reasons for denial. Another possible action is requesting that a Decision Review Officer (DRO) review a claim. The appeals process can be complex because it may involve hearings, higher level reviews and more.
Over the past 140 years, veterans could not have attorneys represent them in VA disability hearings. However, in 2007, Congress passed a law that allows veterans who were denied benefits to obtain a lawyer. This law, called the Veterans Benefits, Health Care, and Information Technology Act enables veterans to retain lawyers for representation in VA proceedings to dispute denied claims or voice veterans’ disagreements with benefits decisions.
Unlike the past, veterans can now rely on an experienced Florida veterans benefits law firm to overcome legal barriers and effectively handle a disability claim.
For seasoned legal help
Tucker & Ludin, PA is a Florida law firm with offices in Clearwater and Tampa that assists clients with denied VA claims. Find out how we can help you receive the veterans disability benefits you deserve. Call our toll free number 866-282-5260 to schedule an initial consultation.
Tucker & Ludin, PA13577 Feather Sound DriveSuite 300 Clearwater, FL 33762727.564.9050