Understanding the Veterans Disability Appeals Process

For over 30 years, the Law Offices of Psetas, Moore and Tetlow have represented thousands of clients. We have the experience in dealing with government claims. Throughout the years we have helped Veterans obtain the highest possible disability ratings.

Psetas, Moore & Tetlow has focused on assisting Veterans in recovering their rightful benefits through the VA Appeals Process. We’re ready to help you today, no matter where you are in the appeal process.

If your disability claim has been denied or if you’ve received a low rating, what should you do? Relax. Don’t be discouraged. Having a claim denied or rated low is actually very common. For example, 80% of disability claims filed by Gulf War Veterans were initially denied.

Here are some reasons why your disability benefit claim might have been denied or low rated:

  1. Your disability was not viewed as being service connected.
  2. Your injury or illness was not considered a disability.
  3. The evidence you submitted was not convincing.

This is the time to hire a qualified veterans disability appeals attorney to represent you and to protect your rights. The VA appeals process is complex, full of filing deadlines and very frustrating. Psetas, Moore & Tetlow are experienced veterans disability benefit appeals lawyers. We know how to present the strongest appeals case possible.

Important Things to Know About Your Appeal

  • If a VA medical professional provides a negative opinion, your attorney can prepare a proper medical opinion request, and forward it to a private medical professional to assist which may be able to overturn the negative opinion.
  • Appealing an evaluation cannot result in a reduction in your rating unless a clear and unmistakable error is found.

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FAQs

  • An outline of your appeal.
  • Evidence to support your request for the appeal.
  • There is no set timetable.
  • Once the Form 9 is filed, the Board of Veterans Appeals (BVA) reviews it.
  • The BVA can grant your appeal, deny your appeal or remand it back to the Regional.
  • The BVA may feel the Regional Office didn’t review your claim correctly the first time.
  • There may be more evidence that needed to make a correct decision.
  • The Regional Office may have failed to follow the rules.
  • Your disability may have worsened since the original filing without a current medical exam of record.
  • There may be new evidence the Regional Office needs to consider.
  • If the Regional Office reviews the claim as remanded by the BVA and still denies it, they’ll send you a Supplemental Statement of Case.
  • The case may be sent back to the BVA.
  • If the Regional Office approves your claim, you'll receive a new rating decision.
  • You may be able to proceed to the next level of appeal, the United States Court of Appeals for Veterans Claims (CAVC).
  • We’ll first file a Notice of Appeal (NOA) with the Clerk of Courts of the CAVC.
  • The filing must be made within 120 days of receipt of the lBAV decision.
  • You'll receive a letter advising that your case has been transferred to the CAVC.
  • Once we transfer your case to the CAVC, it becomes adversarial with the VA.
  • The VA will be represented by attorneys.
  • The filing rules become very stringent.
  • Making mistakes can jeopardize your case.
  • We will be your legal representatives at any meetings or hearings.
  • We'll communicate with you frequently.

Why Hire A Veterans Disability Lawyer

Appealing a disability benefits ruling through the Department of Veterans Affairs (VA) can be a long, frustrating process. Having an attorney to navigate through the VA labyrinth for you can reduce the stress and mistakes you have to go through. And while an attorney can’t make the VA decide your appeal any faster, legal assistance can help you get the benefits you may be entitled to.

It is a significant advantage to you to be represented by an attorney because VA laws and regulations are complex, often difficult to understand, and subject to frequent change.

Hire the Veterans Disability Lawyers at Psetas, Moore & Tetlow

The Veterans Disability lawyers at Psetas, Moore and Tetlow have successfully represented injured clients and their families with their government claims for over 30 years. We have the knowledge, experience and resources to assist you with the many rules, regulations, forms, substantiating documents, and deadlines that the VA uses to determine your eligibility for veterans disability benefits,

Contact Psetas, Moore and Tetlow to schedule your appointment for a free consultation and evaluation of your case.