by Disability Help Group | Feb 20, 2016 | FAQ
A: The majority of initial claims are denied and sadly, most claimants become discouraged and do not appeal the VA’s decision. No special form is required to begin the appeal process. All that is needed initially is a written statement that you disagree with the VA’s decision. This statement is known as the Notice of Disagreement, or NOD.
The Notice of Disagreement should state why you disagree with the Regional Office’s (RO) decision. For example, if you feel that the office issuing the decision overlooked or misunderstood some evidence, or misinterpreted the law, your NOD should address that. If you received a decision for more than one claim issue, your NOD needs to be specific about which issue or issues you wish to appeal.
While the NOD is all that is needed to begin the appeal process, you will eventually need to complete a VA Form 9.
GET STARTED ON YOUR APPEAL.
Disability Help Group specialize in Veterans’ Disability Compensation claims. We know how to navigate the appeal process and we will file any necessary paperwork on your behalf. CALL US at 1-(800)-800-3332 for a FREE EVALUATION of your claim.
by Disability Help Group | Feb 20, 2016 | FAQ
A: Typically, you would file your appeal with the same office (VA Regional Office (RO) or medical facility) that issued the decision you are appealing because that is where your claims file is kept. However, if you have moved and your claims file is now maintained at a VA office other than the one where you previously filed, you should file at the new location, so that your appeal can be kept with your file.
The VA encourages claimants to seek legal or non-legal representation prior to filing an appeal with the Board of Veterans’ Appeals (BVA). We highly recommend securing the assistance of an experienced representative. The appeal process is complicated. You’ll want to get it right from the start in order to avoid further delays or worse, another denial. Disability Help Group will file your appeal and complete all the necessary paperwork on your behalf. Our representatives are highly skilled in cross-examining witnesses and arguing cases in front of the BVA’s judges.
GET STARTED ON YOUR APPEAL. Call us now at 1-(800)-800-3332 and speak to one of trained legal assistants who will evaluate your claim FOR FREE.
by Disability Help Group | Feb 20, 2016 | FAQ
A: According to the law, the death of an appellant generally ends the appellant’s appeal. So, if an appellant dies, the Board of Veterans’ Appeals (BVA) normally dismisses the appeal without issuing a decision. However, the rights of a deceased appellant’s survivors are not affected by this action. Survivors may still file a claim at the regional office for any benefits to which they may be entitled. {38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302}
by Disability Help Group | Feb 20, 2016 | FAQ
A: Typically, an administrative law judge (ALJ) will decide cases based on the medical evidence in the file – this includes x-rays and other imaging exams, lab panels, treatment notes, and written statements from the claimant and the claimant’s treating physicians. In some cases however, the ALJ presiding over the case may also ask for the claimant’s testimony in an effort to better understand their medical condition and how it affects their ability to function and perform basic work activities (including your past work).
A disability hearing can be an anxiety-provoking event. For this reason, it is especially important to have an experienced representative by your side. Your representative can help you prepare for your hearing and can serve to answer many of the important questions that may arise at your hearing.
If you are asked to testify before an ALJ, your responses to his/her questions should be honest and detailed, but not to the point of exaggeration. This is a time when you should avoid being modest about how your impairment(s) impact your ability to function on a day-to-day basis. For example, if your condition, or the pain resulting from your condition, limits your range of motion in a particular limb or joint, renders muscle weakness, or interferes with your ability to sit, stand, stoop, crouch, reach, grasp, or sleep for a long period of time, you should definitely make these limitations part of your testimony. Being modest about your medical condition is a mistake many claimants make at their hearing.
by Disability Help Group | Feb 20, 2016 | FAQ
A: In most cases, the Social Security Administration will not gather additional records on your behalf once your claim has been sent to the Office of Disability Adjudication and Review (also known as ODAR or the Office of Hearings and Appeals). Your case will sit at the ODAR until it is assigned to an Administrative Law Judge (ALJ) and scheduled for a hearing.
Though this scenario is rare, your case may be reviewed by a staff representative at the ODAR who decides to develop your case further. In other words, the staff representative will work to gather your most recent medical records in an attempt to approve your claim with an on-the-record decision.
Because medical evidence is the most critical aspect of any disability claim, it is imperative that prior to your hearing you gather your most recent medical records and submit them to the appropriate ODAR. Otherwise the judge will base his/her decision on the records in your file which in some instances might be over a year old. (Tip: Keep copies of what you’ve submitted to ODAR for your records and confirm that they’ve received every page you’ve submitted).
Before you lose your shirt requesting copies of all your medical records from all of your doctors, exercise your right to review your file. You’re going to review your file to determine where the Social Security Administration left off. Meaning, look for the date of the last record they requested and added to your file. Next, only request from your doctors the medical records that will bring your file up-to-date.
It would also be helpful if you could obtain detailed statements from your doctors demonstrating their support of your disability claim. These statements should explicitly explain why you cannot work. An extremely helpful form your doctors can complete is the Residual Functional Capacity (RFC) questionnaire. Completed RFCs should also be submitted to the appropriate ODAR. (Again, keep copies for yourself and confirm that the ODAR received them).
