Tuesday, June 19, 2012

How to Fight the Veterans Administration

By Mark Fitzpatrick

The Veterans Administration, or VA, is the central assistance system for the veterans of the United States. The VA aids all veterans with multiple services, such as healthcare and employment. However, like any institution, the VA sometimes may not be able to distribute goods and services adequately. This could be especially true for veterans in dire need of the services of the VA. If you are a veteran, there are a number of legal and administrative steps you can take to receive what you deserve.

Wait for an official decision on your veteran package. When the VA office informs you that you are not going to receive certain services and benefits, you have one year to take action against this decision.

Know your priority level. The VA gives veteran priority levels depending on the severity of your disability. For example, Priority 1 veterans are veterans with medical disabilities that are rated by a doctor to be 50 percent or more disabling.

Go to your nearest Veterans Benefits Administration center. Every state has many VBA offices. This is the first place to discuss the VA decision.

Explain that your disability is service-connected. Service-connected means that the injury or medical condition you now have is connected to your time in the military. You will need proper medical documentation, especially from other doctors, concerning this issue.

Give the VA your financial records. If you're on an income threshold, it will help the VA consider your case.

Explain to the VA that your current financial situation is being harmed from disabilities or medical condition from your military service.

Contact the Board of Veterans' Claims. The Board of Veterans' Claims is the next stop on the appeal process. This is if your local VA office cannot alleviate your concerns over your veteran benefits.

Write your Statement of Case. The Statement of Case explains to the Board about your situation and the legal dimensions of your benefit package. Give this to the Board soon after you contact the Board about your appeal.

Take your case to the US Court of Appeals for Veteran Cases. This Court of Appeals is the federal appeals court for all veteran cases. This is the next level you can go if the Board of Veterans' Claims does not rule in your favor. You can take your case to the Court of Appeals within 120 days of the Board's decision.

Appeal your case to the Supreme Court. The Supreme Court will listen to cases that are appealed by the Court of Appeals for Veteran Cases. However, if the Supreme Court decides not to listen to the case, then the US Court of Appeals ruling stands.


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