VA Disability Claims

According to the Veterans Administration over 60,000 service members have been injured as a result of the wars in Iraq and Afghanistan. If you believe you have suffered a physical or psychological injury as a result of your military service contact us immediately for a FREE case evaluation. 

VA DISABLITY PROCESS

1) Apply for Veterans Disability Benefits

The first step is to apply for disability benefits at your VA Regional Office. (Click here for a list of all VA Regional Offices in your State) 

2) VA issues you a Ratings Decision

The VA will send you a Ratings Decision after you apply. 

3) File a Notice of Disagreement

If you are unhappy with the VA's decision, file a Notice of Disagreement with your local VA Regional Office within one year of the mailing date of your Ratings Decision. When you file your Notice of Disagreement you can request that a local VA Decision Review Officer reconsider the initial denial and you can request a personal hearing.

4) VA will send you a Statement of the Case & VA Form 9

If you are unsuccessful at the personal hearing, the VA will send you a Statement of the Caseand VA Form 9. The Statement of the Case is a detailed explanation of why the VA denied your claim. The VA Form 9 is the paperwork you are required to fill out to explain to the VA why they made the wrong decision.

5) Fill out the VA Form 9 Paperwork

At this time you can submit additional evidence to the VA regarding your disability. You have the right to request a hearing at this time with the Board of Veterans Appeals. A lawyer skilled in VA disability claims can assist you in filling out the VA Form 9 paperwork to give you an advantage in the claims process. Call or email Joe Napiltonia so that he can assist you

(615) 734-1199   joenap@navyseallawyer.com

6) VA will send you a Supplemental Statement of the Case.

The VA will send you a Supplemental Statement of the Case. 

7) File an Appeal with the Board of Veterans Appeals (BVA)

If you are still unhappy with the VA's decision, you can file an appeal with the Board of Veterans Appeals. This appeal is filed at your VA Regional Office. You only have 60 days from the date of your Statement of the Case or one year from your Rating Decision to file an appeal. You

8) Request a Hearing before a Member of the Board of Veterans Appeals

You have the right to a hearing with a Member before the Board of Veterans Appeals to argue your case. You can elect to have the hearing at your local VA Office, in Washington, D.C. or via videoconference (typically videoconference hearings are faster than in-person hearings). You are allowed to have an attorney represent you at the hearing to present your case. At the Law Office of Joe Napiltonia, we can prepare you for the hearing and aggressively present your case to the Board. After your hearing, the Board of Veterans Appeals will issue a decision in your case. The Board of Veterans Appeals can grant you the following relief:

(1) the BVA can grant you disability benefits,

(2) they can issues a Final Denial of your claim, or

(3) the BVA can remand your case or send your case back to the Regional Office asking them for additional information before rendering a decision.

• If the BVA denies your claim you have options:
• Ask the local VA Office to reopen your claim.
• File a motion (which is a legal document) asking the BVA to review the case because you believe the BVA Board member who held the hearing made a clear and unmistakable error when he denied your claim.
• File a lawsuit with the U.S. Court of Appeals for Veterans Claims.

Contact the Law Office of Joe Napiltonia immediately so that we can provide you a FREE case evaluation. If  we represent you, it costs you nothing up front. If we are successful with your claim the U.S. government is required to pay your legal fees. If we are unsuccessful, you do not owe us anything.