Veteran (VA) Disability Lawyer Serving Akron, Ohio
The veterans advocates at Chisholm Chisholm & Kilpatrick LTD fight for veterans in Akron, Ohio whose claims for VA disability benefits have been denied. The focus of our practice is assisting veterans with appealing their claims for VA disability benefits.
Veterans seeking benefits must adhere to VA’s complex rules and regulations. Proving that your disability is connected to your service in the military can be a long and difficult process. A veteran (VA) disability lawyer serving Akron, Ohio may be able to help with your appeal. If you would like to know more about our practice and how we may be able to assist you with your appeal, call Chisholm Chisholm & Kilpatrick LTD now at (844) 549-4500. We look forward to serving veterans in Akron.
VA Regional Benefit Office Serving Akron, OH
Cleveland Regional Benefit Office
Akron VA Medical Center
We Handle Appeals for Veterans in Akron
The process of appealing an unfavorable decision from VA can be difficult. Whether you seek to appeal the decision partially or entirely, it will be up to you to convince VA that its decision is incorrect by presenting evidence that sufficiently supports your claim. It may be beneficial to have a veterans advocate assist you throughout this process.
You may be entitled to benefits for a variety of disabilities. Examples of some injuries and conditions include:
- Hearing loss
- Depression
- Cancer
- Post-traumatic stress disorder
- Diabetes
- Amputations
- Burns
- Gulf War syndrome
- Lacerations
- Heart disease
- Gunshot wounds
- Shrapnel wounds
- Brain damage
- Back injuries
- Agent Orange-related conditions
To successfully prove that your current disability is a result of military service, you will have to demonstrate that:
- You have a current medical diagnosis of a disabling condition;
- You experienced an in-service event, injury, or illness; and
- You have a medical nexus linking your diagnosed condition to your in-service occurrence.
As of February 2019, VA’s modernized appeals system now offers three decision review options for appealing an initial unfavorable decision:
- Supplemental claim lane
- Higher-level review lane
- Notice of Disagreement (i.e., appeal to the Board of Veterans’ Appeals) lane
VA’s goal is to complete all supplemental claims containing new evidence within four to five months, or 125 days, on average. However, every case is different and some cases are more complex than others, which could cause delays. Therefore, having a veterans advocate to keep track of the progress and status of your appeal may be helpful.
If you wish to have your application for benefits reviewed by a higher-level reviewer, you may request this option. However, the senior reviewer will not be permitted to consider new evidence. Only evidence of record at the time of the prior decision will be considered by the higher-level reviewer.
If you receive another denial after your appeal in the higher-level review lane, your appeal options include a supplemental claim (if you have new and material evidence to submit), or, you may want to consider appealing to the Board of Veterans’ Appeals (BVA). In VA’s modernized appeals system, you have one year from the notice of denial to file an appeal. If you file a Notice of Disagreement to the Board and are unsatisfied with the Board’s decision, you have the option to file a supplemental claim within one year or file an appeal the decision before the US Court of Appeals for Veterans Claims within 120 days.
Our experienced veterans’ benefits lawyers can be particularly helpful if you are unsure about which types of evidence may be beneficial in supporting your claim. Once we begin to represent you, our veterans advocates can help you build your appeal by:
- Conducting in-depth review of your VA claims file
- Compiling new evidence to support your appeal
- Making legal arguments based on VA’s regulations and governing statutes that support a favorable result to your claim
- Representing you at hearings
- Filing required forms, paperwork, and documentation
- Avoiding processing delays
At Chisholm Chisholm & Kilpatrick LTD, we represent veterans on a contingency fee basis. This means that there are no costs to you unless we are successful in obtaining a retroactive award of benefits for you.
If Your Claim Was Denied, Call Us Today: (844) 549-4500
If you are appealing an unfavorable decision from VA, we encourage you to call us. You may be entitled to retroactive benefits (backpay) and monthly compensation benefits going forward. Call Chisholm Chisholm & Kilpatrick LTD now at (844) 549-4500 to discuss your appeal.
Akron Blog Posts
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CAVC Docket ExplainedOverview of the Court of Appeals for Veterans Claims (CAVC) The United States Court of Appeals for Veterans Claims (CAVC or Court) is a federal appellate court that hears the appeals of claimants (i.e., veterans and their dependents) who were unsuccessful before the Board of Veterans’ Appeals. Located in Washington, D.C., the Court was initially […]
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What Is the VA Disability 5-Year Rule?What Is the VA Disability 5-Year Rule? The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran’s disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran’s rating is considered […]
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VA Releases November 2018 Report on its Comprehensive Plan for Appeals ReformComprehensive Plan for Processing of Legacy Appeals and Implementing the New Appeals System VA’s November 2018 report is the fifth in a series of reports that satisfies the requirements of the Veterans Appeals Improvement and Modernization Act of 2017 (“Appeals Modernization Act”), which became law in August of 2017. The Appeals Modernization Act serves to […]