Chicago Region Attorneys Helping Veterans Obtain Compensation Benefits
At the law firm of Jeffrey A. Rabin & Associates, Ltd., in Des Plaines, Illinois, our lawyers proudly serve disabled veterans in Chicago and throughout the United States. We guide clients through the process of obtaining disability compensation benefits, including representation before the Board of Veteran's Appeals.
Veterans Compensation Benefits: Understand the Process
Submit your claim: In order for the Department of Veterans Affairs (VA) to consider a veteran's claim for service-connected disability compensation, the veteran first must file a claim for disability benefits with the VA Regional Office.
Appeal your denied claim: More often than not, the initial claim for veterans benefits is denied, or the VA Regional Office rates a disability too low. The veteran then must appeal the denial to the Board of Veteran's Appeals, by filing a Notice of Disagreement. There is a one-year time limit to file this Notice. If the appeal deadline is missed, the veteran must file to re-open the claim. The only way the claim will be re-opened is if the veteran submits "new and material evidence." The claim will then again be considered by the VA Regional Office and might be denied once again.
Submit a brief with your appeal: It is helpful to submit a brief with your appeal to the Board of Veterans' Appeals (BVA). The BVA can reverse the decision of the VA Regional Office, or remand the claim back to the regional office — this occurs about 40 percent of the time. For example, if the BVA decides more evidence or clarification is needed, it may remand the claim back to the VA Regional Office. All too often — about 40 percent of the time — the BVA denies the veteran's claim again. Only about 20 percent of claims for disability compensation benefits are approved by the BVA at this stage.
Second appeal of your claim: If the BVA denies the claim for veterans benefits, the veteran then appeals the claim to the United States Court of Appeals for Veterans Claims. This appeal MUST be filed within 120 days from the date of the BVA decision. A much more formal legal brief is required at this stage. The VA will utilize an experienced attorney at this stage to actively challenge the veteran's claim.
Third appeal of your claim: If the claim is again denied, the veteran can appeal the claim to the U.S. Court of Appeals for the Federal Circuit.
Fourth appeal of your claim: If again the claim is unsuccessful, the next level of appeal is to the United States Supreme Court.
New evidence: If the veteran's claim for compensation benefits is denied at all levels, but new and material evidence to support his or her claim is found, the process can be initiated again at the VA Regional Office.
Hire an Experienced Attorney to Handle Your Veterans Benefits Case
Hiring an experienced lawyer who is familiar with the process can make a considerable difference in the ultimate result of your case. While many veterans get frustrated with the process and eventually give up, a lawyer who is experienced handling veterans benefit claims can represent the veteran's interests throughout the entire duration of the case.
Contact Jeffrey A. Rabin & Associates, Ltd. to schedule an initial consultation with a skilled lawyer at our law firm. We proudly serve clients from five office locations in northern Illinois: Des Plaines, Chicago, Libertyville, Winfield, and Joliet.
