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PRACTICE AREAS
VA SURVIVOR BENEFITS
AND
VA DISABILITY APPEALS
Veteran Benefits.
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Those who have selflessly served our nation in the Armed Forces are entitled to extensive medical and disability benefits. As President Lincoln noted, the purpose of the VA is to “care for him who shall have borne the battle and for his widow, and his orphan.” These veteran benefits are extended for service-connected disabilities, survivor benefits, and other non-service-connected pension benefits such as education payments and waiver of indebtedness. There is no time limit when an original claim may be filed with the VA—a recognition that it may take many years for a service-connected disability to manifest.
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Appeals to the Board of Veterans Appeals.
If you have filed an original claim for one of these Congressionally protected veteran benefits and the VA denies your claim, you can file an appeal to the Board of Veterans Appeals (BVA) in Washington, DC. Timing, however, is very important. Veterans or their survivors must file their appeal within 60-days from receipt of a “Statement of the Case” or within one year of a “Notice of Action” by the Regional Office denying the claim – whichever is later. Even if the timing has passed, there are some exceptions to these deadlines. Lohnes Law, PLLC can help you identify if an exception applies to your case.
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Appeals to the Court of Appeals for Veterans Claims.
If you have filed an appeal to the Board of Veterans Appeals and have been denied by the BVA, you must file your Notice of Appeal with The United States Court of Appeals for Veterans Claims (CAVC) within 120 days after the BVA notifies you of its decision to deny your appeal. The CAVC is a national court of record, established under Article I of the Constitution of the United States. The CAVC is the only court in the nation that may conduct judicial review of decisions by the BVA.
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Jenny can accept Veteran Claim Appeals in all jurisdictions and can represent veterans before the BVA and CAVC. Lohnes Law, PLLC purposefully maintains a small caseload to ensure prompt, personalized, and professional service to your appeal. She will explain the process and guide you through your appeal. If you are unsatisfied with a decision the VA provided to you, please contact Lohnes Law, PLLC for a free consultation.
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