Veterans’ Benefits Claims Lawyers in Delaware

Helping Our Heroes in the Claims Process

“Delay, deny, and hope that I die.” This is a tragic phrase that many veterans have uttered in response to the benefits claims process. It describes the belief that the Department of Veterans Affairs (VA) drags its feet in the hopes of not paying the benefits that our vets deserve. In reality, most employees of the VA are committed to helping — but there are simply too many hurdles in the process. If you’re experiencing some of these hurdles, a veterans’ benefits claim lawyer in Delaware may be able to help.

At Schwartz & Schwartz, Attorneys at Law, our team of experienced legal professionals is dedicated to helping former servicemembers get the benefits they’re entitled to. These benefits aren’t something you should have to fight for, but thanks to bureaucratic red tape and other issues, that’s exactly what many vets have to do. Fortunately, you don’t have to go through this alone. Contact our law firm today to schedule a free consultation.

Are You Entitled to Benefits from the VA?

Some veterans question whether they’re even entitled to benefits. While many people may think the obvious answer is “yes,” the truth is that countless vets have seen their friends get their claims denied. Unfortunately, such denials are often wrongful. That’s because every vet is entitled to compensation benefits if they incurred a disease or injury while in the service. Additionally, benefits are granted if an injury or disease you already had was aggravated due to your service.

At Schwartz & Schwartz, we’ve spoken to many clients who thought these rules were fairly straightforward. That’s why they’re often so surprised when the benefits process doesn’t go smoothly. It’s unfortunate, but the bureaucratic red tape mentioned earlier combines with convoluted legalese and extensive backlogs to cause problems. In some instances, this means the wrong decision could be made on your claim.

Fortunately, that’s not the end of the story. With a veterans’ benefits claims lawyer in Delaware on your side, you may be able to successfully argue your case all the way to the Court of Appeals for Veterans Claims. In fact, legal professionals may be able to help you avoid even getting to the point where you’re arguing in federal court. By merely contacting an attorney when it’s time to file a Notice of Disagreement, you may be able to receive benefits during your first appeal.

What Is the Veterans’ Benefits Claims Process?

On the surface, the veterans’ benefits claims process seems fairly clear. That’s because it’s supposed to be non-adversarial. The VA is required to give you the benefit of the doubt and offer compensation when appropriate. In fact, if there’s equal evidence that your injury was and wasn’t sustained in the service, the VA is supposed to decide in your favor. Of course, this is all easier said than done. Still, our Delaware veterans’ benefits claims attorneys believe it’s important for you to understand the process:

• File a claim: This can typically be done online by filling out VA Form 21-526EZ.
• Receive a rating decision: The VA will issue a decision either granting or denying your claim. You’ll receive a rating that dictates the percentage of benefits you’re entitled to.
• File Notice of Disagreement: If your claim was denied or you believe your rating is lower than appropriate, you’ll need to file your first appeal within a year.
• Receive Statement of the Case: The VA will review your appeal and issue a decision that clarifies the reasons for the denial.
• Substantive Appeal: This is your second chance at an appeal. You have either 60 days from the Statement of the Case or one year from the issuance of your Rating Decision, whichever comes later.
• BVA decision: Your file is certified from the AOJ to the Board of Veterans’ Appeals (BVA). The BVA will make a decision to either grant, partially grant, deny, partially deny, or remand. If a remand is handed down, your case goes back to the AOJ.
• Appeal to Court of Appeals for Veterans Claims: If your claim or any portion of it is still denied, the appeal to the Court of Appeals is your final chance. This case is heard in a federal court rather than by a VA employee. This is adversarial litigation, so you shouldn’t hesitate to contact a veterans’ benefits claim lawyer for help.

It’s contingent on you to provide the VA with enough evidence to support your claim. Of course, this may not always be easy. You may not know where to begin looking — or even what serves as valid evidence. This can increase the likelihood of an initial denial, and that’s when the help of a veterans’ benefits claims lawyer becomes invaluable. While you’re not required to have legal representation during the process, having an advocate on your side can minimize the hurdles you’ll face and increase your chances of receiving the benefits you’re entitled to.

Do You Need a Veterans’ Benefits Claims Attorney?

Some people want to avoid the entire claims benefits process by hiring an attorney to handle everything from the start. However, this simply isn’t necessary in most cases. A competent VSO or other representatives will typically be able to help you through the process. Many such cases are approved from the start or during your initial appeal thanks to the help of that free representative. In fact, attorneys aren’t even allowed to charge a fee prior to submission of a Notice of Disagreement.

At Schwartz & Schwartz, Attorneys at Law, we don’t think you should have to pay money for something you could easily do on your own. An agent or VSO is often enough to help you through the initial process. That’s why we direct many potential clients directly to them. If you’ve received an adverse decision, however, we’re more than ready to help. Fortunately, you can schedule a free consultation today to learn whether you might benefit from our representation.

Contact a Veterans’ Benefits Claims Lawyer in Delaware Today

Serving in the Armed Forces is a brave act that often results in hurdles and difficulties throughout a person’s service. Unfortunately, many of these difficulties don’t end simply because you’re discharged. If you sustained an injury or a condition was aggravated due to your service, you’re entitled to benefits from the Department of Veterans Affairs. We know that the claims process can seem excessively burdensome, though, and that’s why seeking legal representation could simplify the process for you.

At Schwartz & Schwartz, our Delaware civil law attorneys have spent years serving those who have served our country. We understand that the claims process can seem complex — particularly for those who have no experience with it. That’s why we offer our vast knowledge to assist vets who need help properly submitting appeals, gathering evidence, and even litigating their cases in federal court. Contact us today by calling (302) 678-8700. Our Delaware veterans’ benefits claim lawyers have got your six.