Veterans Benefits
Support For Veterans & Surviving Spouses
We proudly offer legal services for veterans and surviving spouses.
Veterans Benefits: Thank You for Your Service
Below is a brief outline of the United States Department of Veterans Affairs Application & Appeals Process.
Unlike other disability processes, the United States Department of Veterans Affairs (VA) is generally amicable. At times in the process it may not feel like it, but it’s far less adversarial than some.
When someone applies for disability, such as through the Social Security Administration (SSA), the level of assistance offered is much less. The SSA will help you with the application and answer questions during the process. The VA has the greater obligation to help you develop your case. The result is that many Veterans can engage in the application and the VA’s internal appeals steps without a lawyer. For those that cannot, there are organizations that can assist at no charge to the veteran.
Should a Veteran’s claim be denied and all forms of VA internal appeals fail to grant benefits, the final step is an appeal to United States Court of Appeals for Veterans Claims. Our office is licensed to handle Veterans appeals in this court. Our office has never charged, nor will we charge, a Veteran for representing them at this level.
Below is a very basic outline of the steps involved in the VA’s internal claims and appeals process:
The Veteran files a claim for benefits
This can be done in several ways. The most common way is by filing a VA Form 21-526 with any of the VA's 58 Regional Offices.
Notification regarding evidence and information
The Regional Office (RO) will notify the Veteran regarding their ability to submit evidence and other information in support of their claim.
The Regional Office will assign a Rating Specialist
The Rating specialist will make the initial assessment on the benefits. He or she will issue a VA Rating Decision.
The Veteran will then receive a Notice of Decision in the form of an Award or Denial Letter
In the case of Denial letter or an Award letter that the Veteran does not feel is accurate, the Veteran has 1 year to appeal.
The initial appeal is made by filing a Notice of Disagreement
The Veteran does have the right to a hearing during the VA internal appeals process.
The Veteran can also request a review by the Decision Review Officer
The request for this review must be made within 60 days of the date on the Denial letter or an Award letter that the Veteran does not feel is accurate.
The VA Regional Office will mail a Statement of the Case to the Veteran.
The Veteran has 60 days from the mailing of the Statement of the Case or the remainder of 1 year from the date on the Notice of Decision to file a Substantive Appeal (VA Form 9).
The Veteran files a claim with The Board of Veterans' Appeals (BVA), which decides the case or sends it back to the Review Officer (remands the case) for more information.
The Veteran has a right to a hearing at this stage also. The Board of Veterans' Appeals will provide the Veteran a written statement of its findings.
It is only after all of the above that a Veteran can appeal to the United States Court of Appeals for Veterans Claims:
It is at this point that our office typically becomes involved in the case. We're happy to explain the rest of the process and, if need be, find someone to help you with the paperwork, but we're usually not officially representing a Veteran until BVA has issued a final denial of benefits.
Steps 1 through 10 above can take a very long time. It is possible for it to take more than a year. Things are getting better, but it’s best to expect the worst and be pleasantly surprised when something happens more quickly.
Though most of what we do is in the last stages of an appeal, we’re happy to meet with you at any time. Just call the office for an appointment time at 207-703-0112 or email us directly at information@guylawllc.com.
Benefits Available to the Surviving Spouse of a Veteran
It comes as a surprise to many that the Surviving Spouse of a Veteran may be eligible for benefits through the United States Department of Veterans Affairs (VA), even if the Veteran never filed for benefits while they were alive.
Depending upon the nature of the Veteran’s service, a Surviving Spouse may be eligible for:
- Pension
- Healthcare
- Memorial Benefits
- Life Insurance
- Home Loans & Housing Related Assistance
- Education and Training
- Employment Services
We are happy to explain the various benefits to you and even help with the application process or you can look into it yourself at: https://www.benefits.va.gov/pension/spousepen.asp.
Contact the office to learn more
We’re happy to meet with you. Just call the office for an appointment time at 207-703-0112 or email us directly at information@guylawllc.com.
