North Carolina Veteran Disability Appeal Lawyers

North Carolina veterans facing VA denials should take advantage of the resources, discernment, and skills our VA disability appeal lawyers can provide.

At Bartlett Legal Group, we are dedicated to advocating for the brave veterans of North Carolina who face challenges in obtaining the disability benefits they rightfully deserve. Our seasoned team of veteran disability appeal attorneys possesses extensive experience in navigating the VA system. You can trust us to handle your appeals with the utmost precision and care.

We serve veterans across North Carolina, including cities like Charlotte, Raleigh, Greensboro, and beyond. With a track record of successful outcomes, our VA appeal lawyers understand the ins and outs of VA disability claims. Therefore, we are well-prepared to tackle any obstacles.

Since a denial can delay the compensation and support you need, hiring knowledgeable legal support crucial. At Bartlett Legal Group, we stand by your side to streamline the veterans disability claim appeals process. Additionally, we’ll help secure the benefits you’ve earned through your service.

Call us at (850) 332-6434 or submit our contact form to schedule a free case evaluation with a VA disability attorney. Let us be the partner you need to achieve the justice you deserve.

Veteran Population Statistics in North Carolina

According to census statistics, North Carolina is home to a significant veteran population, with over 730,000 veterans. This accounts for 9.31% of the state’s adult population. Also, this percentage is notably higher than the national average of 6.60%.

Among these veterans, a substantial portion are women. Female veterans make up 11.31% of the veteran population in the state, which is above the national rate of 9.41%. North Carolina also has a considerable number of military retirees. They represent 13.36% of its veterans, compared to the national figure of 10.78%.

The support provided by the VA to veterans in North Carolina is extensive, with 192,426 veterans receiving VA disability compensation and over 338,000 enrolled in the VA healthcare system. The state features 4 inpatient care sites and 26 outpatient care sites, ensuring accessibility to essential services.

VA expenditures in the state include nearly $4 billion in compensation and pension, over $2.5 billion in medical care, and substantial funding for education and vocational rehabilitation.

When compared to national figures, North Carolina stands out for its higher percentage of veterans who are engaged with VA support services. This reflects the state’s strong commitment to meeting the needs of its veteran community.

Types of VA Disability Benefits North Carolina Veterans Can Receive

The VA offers a comprehensive range of benefits to North Carolina veterans. These benefits are essential for supporting veterans with service-connected disabilities, and play a crucial role in improving the quality of life for these veterans and their families.

VA Disability Compensation

Veterans in North Carolina with service-related disabilities can qualify for disability compensation from the VA. This encompasses both primary and secondary conditions that arise from military service.

Primary Service-Connected Disability: An ailment or injury that occurs or is worsened during active military service. For example, a veteran who develops a chronic back problem from carrying heavy equipment during service.
Secondary Service-Connected Disability: Involves conditions that stem from a primary disability. For instance, if a veteran experiences knee issues due to compensating for a service-related back problem.

Dependency and Indemnity Compensation

Dependency and Indemnity Compensation (DIC) benefits support the families of veterans. Should a North Carolina veteran lose their life during active or inactive duty training, their surviving spouse, children, or parents could also be eligible for financial aid from the VA.

Special Monthly Compensation

For veterans who have injuries that hinder their ability to resume civilian employment, a type of VA disability benefits known as Special Monthly Compensation offers additional support. Special Monthly Compensation benefits can assist veterans with finding suitable employment considering their disability. Also, SMC benefits can provide financial compensation if it is not feasible for the veteran to return to similar work.

Claims Based on Special Circumstances

Veterans with service-connected disabilities may qualify for particular health services, such as hospitalization coverage, dental and medical care, and a clothing allowance. These VA disability benefits cover the cost of essential services and items veterans need for their well-being.

Challenging the Decisions of the VA Through Appeals

Appealing the decisions of the VA is crucial for ensuring you receive the full veterans disability benefits you deserve. A skilled North Carolina veteran disability appeal lawyer from Bartlett Legal Group can be instrumental in the veterans disability claim appeals process.

Our experienced VA disability attorneys are adept at guiding veterans through appeals. We’ll advocate for your rights and secure the compensation you have earned with your military service. We can help you appeal against the following decisions of the VA:

VA Disability Rating: If you believe your disability has been underrated, Bartlett Legal Group can help challenge the VA’s decision on your disability rating until your compensation reflects the true extent of your service-related condition.
Pension Denials: When the VA denies your pension benefits, our veterans disability lawyers can assist in appealing the decision. We’ll focus on proving your eligibility and the financial need required for approval.
Education Benefits Disputes: Sometimes, the VA will limit or deny a veteran’s access to education benefits. However, our legal team can help challenge these determinations to secure the educational opportunities you deserve.
Survivor Benefits: Bartlett Legal Group supports families seeking Dependency and Indemnity Compensation (DIC), advocating for rightful benefits when the VA denies or limits survivor assistance.

Our commitment is to stand by you throughout your quest for veterans disability benefits. Therefore, you can count on us to handle your appeal with expertise and dedication.

Types of VA Appeals for NC Veterans

When you disagree with a VA benefits or claims decision, there are several pathways to contest the outcome. North Carolina veterans with denied VA disability claims can choose from four decision review options:

Supplemental Claim,
Higher-Level Review,
Board of Veteran Appeals (BVA), or
Court of Appeal for Veteran Claims (CAVC)

Each path offers unique opportunities to present your case for veterans disability benefits, with the possibility to switch options if the initial choice does not yield the desired results. Additionally, a Clinical Appeal is available for disputes over VA medical decisions.

Requesting a Higher-Level Review

If a veteran is dissatisfied with the VA’s decision, opting for a Higher-Level Review allows a comprehensive re-evaluation by a seasoned VA claims adjudicator. This process, known as a de novo review, excludes new evidence but permits the submission of fresh arguments to highlight factual or legal errors in the initial decision.

Veterans can request an informal phone conference to discuss their case, and this option typically takes around 125 days. To initiate a Higher-Level Review, you must complete and submit VA Form 20-0996. For assistance, the veterans disability lawyers of Bartlett Legal Group are available to guide you through this process.

Appealing Through the Supplemental Claim Lane

The Supplemental Claim lane is a popular choice for veterans seeking to challenge a VA decision. However, this route requires you to submit “new and relevant evidence” to support the claim. Examples of such evidence include buddy statements, medical records, medical opinions, newspaper articles, and images.

The VA is obligated to assist in collecting new evidence for a Supplemental Claim. However, you are also required to submit this evidence with VA Form 20-0995. For guidance, Bartlett Legal Group North Carolina veteran disability appeal lawyers can offer support to ensure your appeal is accurately filed.

Appealing to the Board of Veterans Appeals (BVA)

If you’re dissatisfied with a VA decision, appealing to the Board of Veterans Appeals (BVA) is a viable option. To initiate this process, you must file a Notice of Disagreement (NOD) directly with the Board. Unlike other appeal pathways, the VA does not assist in gathering additional evidence for this option. However, the BVA offers several distinct appeal options:

Direct Review: This option is ideal for veterans who do not wish to or request a hearing or present new evidence. Decisions in this category typically take around one year.
Evidence Submission: For those who have additional evidence, such as medical records, to support their claim for veterans disability benefits, this option allows for submission within 90 days of filing the NOD. Decisions generally take over a year.
Appeal Hearing: If you prefer to present your case in person, you can request a hearing before a Veterans Law Judge. This involves submitting evidence at the hearing or within 90 days afterward. These cases often exceed a year before a decision is reached.

For guidance through the BVA appeal process, the North Carolina veterans benefits appeal lawyers at Bartlett Legal Group are available to support you. Should the BVA’s decision be unsatisfactory, you have the option to appeal to the U.S. Court of Appeals for Veterans Claims (CAVC).

Appealing to the U.S. Court of Appeals for Veterans Claims (CAVC)

Located in Washington D.C., the CAVC handles appeals from veterans who are not satisfied with BVA rulings. The court addresses cases involving survivor benefits, disability benefits, reimbursement for unauthorized medical expenses, and education benefits.

Appeals to the CAVC generally rely on the existing case file, reviewed by a judge or panel. Although oral arguments may be requested, they are not common. Decisions at the CAVC may:

Interpret statutory, constitutional, and regulatory provisions from BVA decisions.
Require adherence to the CAVC’s ruling or clarify the BVA’s decision.

The CAVC can choose to affirm the BVA’s decision or return the case to the BVA for corrections. Veterans have 120 days from the BVA decision to file an appeal with the CAVC and must identify their attorney unless they choose to proceed pro se (self-represented).

Navigating CAVC appeals pro se is often challenging due to the complexity of legal proceedings. North Carolina veteran disability appeal lawyers at Bartlett Legal Group are well-versed in handling CAVC appeals.

Schedule a Free Consultation with a Bartlett Legal Group NC Veteran Disability Appeal Lawyer Today

If you find yourself at odds with a VA decision, don’t face the appeals process alone. Take charge of your future by reaching out to the seasoned North Carolina veteran disability appeal lawyers at Bartlett Legal Group.

Our experienced team understands the VA appeals process and is dedicated to securing the benefits you deserve. Call us now at (850) 332-6434 or fill out our online contact form to schedule a free case evaluation. This is your opportunity to gain expert insight and craft a strategic plan to challenge the VA’s decision effectively.

Frequently Asked Questions

How can a North Carolina veteran disability appeal lawyer help?

A North Carolina veteran disability appeal lawyer can guide you through the complex VA appeals process. Also, they can present your case effectively. A VA disability claims attorney’s role also includes assisting in gathering necessary evidence, filing the correct forms, and representing you in hearings and reviews, increasing your chances of a favorable outcome.

How much does a North Carolina veteran disability appeal lawyer cost?

The cost of hiring a veteran disability appeal lawyer in North Carolina may vary, but Bartlett Legal Group works on a contingency fee basis. This means we only get paid if you win your claim. Basically, we take a percentage of the back pay veterans benefits the VA awards as our fee.

What should I expect during the initial meeting with a NC veteran disability appeal lawyer?

During your first meeting, the VA disability attorney will review your case details, including any correspondence with the VA, to assess your situation. They’ll explain the appeals process, outline potential strategies, and discuss any costs involved. This meeting is a chance to ask questions of the VA disability lawyer and understand how they can help you receive veterans disability benefits.