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Pursuing your veteran benefits claim can often feel overwhelming due to the paperwork and lengthy processes. It is even more frustrating when your initial claim is unsuccessful and you have to appeal at the BVA (Board of Veterans’ Appeals) or further at the CAVC (Court of Appeals for Veterans Claims).
Appealing to these two bodies requires a deep understanding of VA regulations and procedures, making the help of a skilled VA attorney indispensable. If your VA benefits claim has been denied, having an experienced VA benefits lawyer to help you navigate appeal processes is prudent.
At Werner, Hoffman, Greig & Garcia, we understand the ins and outs of the VA process and are ready to help you with your claim. Contact us at (800) 320-HELP or by submitting this online contact form to get started.
Appealing at the Board of Veterans’ Appeals (BVA) is often the next step after a denied claim or if inaccuracies in the decision warrant further review. However, before deciing to file a BVA claim, there are crucial actions you can take to address errors or strengthen your case. These are:
The VA may deny a veteran’s initial benefits claim and request additional information in case of gaps or insufficient evidence to support your VA benefits application. In this case, you can respond to the VA’s request to correct such a denial by providing the necessary information.
Carefully review the denial letter to identify specific issues or missing evidence highlighted by the VA. Then, ensure that you submit the required information accurately and within the stipulated time frame.
If you are confident that the initial decision was made in error of VA regulations or that your evidence was wrongfully evaluated, you can pursue a Higher-Level Review.
A senior claims adjudicator examines potential errors in how the evidence or VA regulations were evaluated. This process does not permit the submission of new evidence as it focuses solely on the evidence already submitted.
If the denial was due to missing or insufficient evidence, a supplemental claim is your chance to provide new and relevant evidence to support your case. The VA can assist you in gathering additional evidence during a supplemental review. This option is ideal if you have obtained new evidence to support your claim.
The Board of Veterans’ Appeals (BVA) is part of the Department of Veterans Affairs that handles VA appeals on decisions made by VA Regional Offices (ROs).
If you’re a veteran who has applied for benefits such as disability compensation, education assistance, or pension and you received a decision you’re dissatisfied with, you can appeal this decision to the BVA.
Common issues that end up at the BVA include disagreements over VA disability ratings, service connection denials, and effective dates for benefits. The BVA claims process involves a thorough review of the veteran’s records, medical evidence, submitted statements, and the prior decision issued by the VA regional office.
You’ll generally file a BVA claim if you’ve gone through the VA’s initial claims process and received a decision that you disagree with. Common reasons to file include:
To start the BVA appeal process, you must file a Notice of Disagreement (NOD) within one year of receiving their RO’s decision. It’s important to carefully consider all evidence and arguments before filing, as the BVA relies heavily on clear, well-documented appeals.
The Board of Veterans’ Appeals (BVA) offers several options tailored to meet the needs of veterans seeking appeals on their denied claims. Each option is designed to provide flexibility in addressing appeals while ensuring that veterans receive the review processes they require.
When filing an appeal, you have to choose your preferred option. These options include:
This option is for veterans who do not have additional evidence to submit and do not wish to have a hearing. A Veterans Law Judge reviews the appeal based on the previously submitted record. No new evidence or oral testimony is considered. Provides a quicker decision compared to other pathways due to its limited scope.
This is an ideal option when you want to add new evidence to support your case but you do not require a hearing. It offers an opportunity to strengthen a claim with additional supporting documentation.
Veterans have a 90-day window to submit supplemental evidence after filing the Notice of Disagreement. A judge then considers both the new and existing evidence when making a decision.
Should you want to present your case directly to a judge through a hearing, then this is the best option. Be sure to prepare for your BVA hearing with your veteran disability benefits lawyer.
You can request either an in-person hearing, a virtual tele-hearing, or a hearing at local VA offices, depending on available resources. This also allows for the submission of additional evidence within a designated period.
After filing a notice of disagreement and choosing your preferred option, the BVA will review your appeal and make a decision. The timeline for a decision at the BVA depends on the backlog of cases and the type of review requested.
Once your appeal is concluded at the BVA, but you still disagree with their decision, you can further appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). Unlike the BVA, the CAVC is a federal court that is distinct from the VA.
It provides judicial review of BVA decisions to ensure they comply with federal law. Judges at the CAVC focus on legal errors made by the BVA rather than re-evaluating all the evidence.
At this level, the legal disputes often concern whether the BVA misapplied VA regulations, ignored critical evidence, or failed its duty to assist the veteran in developing their VA disability claims.
The process requires a comprehensive understanding of VA regulations and procedures. It is also quite adversarial, as the VA will be disputing your claim that it made an error. Being represented by an experienced VA benefits attorney therefore increases the likelihood of a favorable outcome at the CAVC.
You can file a CAVC appeal if there is evidence that the BVA made errors in its judgment, such as:
CAVC appeals must be filed within 120 days of the BVA decision date. This requires submitting a Notice of Appeal to the CAVC, after which the court determines whether there are sufficient grounds to assess your claim further.
It’s worth noting that the CAVC may either remand (send back) veterans’ claims to the BVA for reevaluation, reverse the decision, or uphold the BVA’s determination.
Pursuing a BVA and CAVC claim can be intimidating. Veterans’ law is highly specialized, requiring in-depth familiarity with the VA’s policies, evidentiary standards, and procedural timelines. This is where the expertise of a Florida veterans benefits lawyer becomes invaluable.
A VA benefits attorney can assist with every aspect of appeals, including:
At WHG, we understand how frustrating dealing with VA appeals can get. Our seasoned Florida veterans disability claims attorneys have successfully dealt with VA appeals for many veterans, and are ready to help you pursue yours too.
We will evaluate your claim, identify any errors, and help you comply with all requirements to present a strong appeal. Contact us immediately at (800) 320-HELP or submit this online contact form to get started.
The time required for a BVA appeal depends on various factors, such as the backlog of cases and whether the appeal includes requests for hearings or additional evidence reviews. On average, the process may take between one and three years for the BVA to issue a veterans appeals decision.
Missing a filing deadline for either a BVA or CAVC appeal can result in losing your right to appeal. However, specific exceptions may exist under certain circumstances. Consulting a veterans claims lawyer as soon as possible can help determine available options for a late appeal.
If the appeal is denied, you can appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC), depending on the circumstances. Our skilled veterans appeals lawyers can help you with the next steps.
Deciding to file for bankruptcy is a significant step that can have long-lasting financial and emotional effects. It’s not an easy decision, and for many people, whether bankruptcy is the right path is a critical question.
Bankruptcy processes often involve legal technicalities, making it prudent to consider hiring a bankruptcy attorney. At Werner, Hoffman, Greig & Garcia, our skilled bankruptcy lawyers have extensive experience in bankruptcy law and will help you navigate the process smoothly.
If you are considering bankruptcy, when to file is another factor you need to account for. WHG can help. Contact us at (800) 320-HELP or by submitting our online contact form to get started.
Filing for bankruptcy is a legal process designed to help individuals or businesses who cannot repay their debts. Essentially, bankruptcy provides a way to eliminate or reorganize debts under the protection of federal bankruptcy laws. This process can offer a fresh financial start—but not without consequences.
If you are considering bankruptcy, the type you choose will significantly influence the outcome. The three most common forms of bankruptcy are Chapter 7, Chapter 11, and Chapter 13.
Known as liquidation bankruptcy, Chapter 7 is often used by individuals or small businesses lacking the means to repay their debts. It involves selling assets to repay creditors, and it’s best suited for persons with little to no disposable income or limited assets.
Under this chapter, a court-appointed trustee oversees the sale of non-exempt assets, such as second vehicles, vacation homes, or luxury items, to repay creditors. Certain essential assets, like a primary residence, might be exempt depending on state laws.
Once the proceeds are distributed and eligible debts are discharged, the debtor is typically no longer obligated to repay the remaining balance. However, Chapter 7 does not eliminate certain debts, such as student loans, child support, or recent tax obligations.
Primarily utilized by businesses, Chapter 11 is basically reorganization bankruptcy designed to help entities restructure their operations, debts, and assets while continuing to operate. This chapter provides an opportunity to negotiate with creditors and propose a repayment plan approved by the court.
While Chapter 11 can be a lifeline for struggling but viable businesses, it is also available to individuals with substantial assets and debts surpassing the limits of Chapter 13.
The process is complex, often requiring significant time and legal fees, but it enables businesses to retain control and avoid a complete shutdown while addressing financial challenges.
Chapter 13, often called the wage earner’s plan, targets individuals with a steady income who need a structured way to address debt. Instead of liquidating assets, this chapter allows debtors to create a court-supervised repayment plan, lasting three to five years, to pay off all or part of their debts.
Chapter 13 is particularly beneficial for those who want to avoid foreclosure on their home, as the repayment plan includes mortgage arrears. It also covers secured and unsecured debts based on the debtor’s income and financial capability.
Filing for bankruptcy is not a decision to take lightly. However, there are indicators that suggest it might be time to consider this option.
If you’re struggling to pay even the minimum amounts on your credit cards, facing repossession or foreclosure, or unable to catch up on overdue bills, bankruptcy could be a way to address these issues.
Continuous harassment from creditors or lawsuits for unpaid debts, such as medical bills for car accident injuries, are red flags. Filing for bankruptcy can place an automatic stay on debt collection efforts, giving you temporary relief.
Relying on credit to pay for food, rent, or other necessities could indicate that your financial situation has reached a breaking point. It may be necessary to file bankruptcy when your credit card debt becomes unsustainable.
While bankruptcy has a stigma attached to it, there are practical advantages to consider.
One of the most significant advantages of filing for bankruptcy is gaining relief from unmanageable debts, such as personal loan debt or credit card debt. Depending on the type of bankruptcy filed, you can have your debts discharged or restructured.
Filing for bankruptcy immediately triggers an automatic stay, a legal process that halts most collection activities by creditors. This means no more harassing phone calls, wage garnishments, foreclosures, or lawsuits. The automatic stay gives you temporary breathing room to strategize your next steps.
While it may seem like an unlikely benefit, people who go through bankruptcy gain a deeper understanding of personal finance. The personal bankruptcy process often includes financial counseling or education courses that can teach you how to budget, save, and avoid similar financial pitfalls in the future.
Filing for bankruptcy does not necessarily mean losing everything. Bankruptcy exemptions exist to protect certain personal property and assets. For example, under Chapter 7, some states allow individuals to retain necessary items such as a primary residence and vehicle, providing a foundation for recovery.
The constant stress of mounting outstanding debt can take a toll on mental and emotional well-being. Bankruptcy can act as a relief valve, offering a sense of closure and reducing anxiety about financial struggles.
Despite its benefits, bankruptcy comes with significant consequences that should not be ignored.
One of the most immediate and long-lasting drawbacks of bankruptcy is the negative impact on your credit score. A bankruptcy filing can appear on your credit report for up to 10 years (Chapter 7) or seven years (Chapter 13), making it difficult to secure loans, mortgages, or even competitive credit card rates during that time.
While bankruptcy protection exists, not all assets are immune. Depending on the type of bankruptcy, you may lose valuable possessions, such as your car, second property, or luxury items.
When you file for bankruptcy, the process becomes part of the public record. Details of your financial struggles are accessible to others, which can be uncomfortable for some individuals, especially business owners who rely on public perception.
Not all debts are dischargeable in bankruptcy. For example, student loans, child support, alimony, and certain tax obligations typically remain intact. This means that even after bankruptcy, some financial responsibilities may persist.
Filing for bankruptcy involves legal fees, court costs, and hiring an experienced bankruptcy attorney. The process is also complex and often requires navigating through detailed legal documents and court appearances.
This may be overwhelming for individuals already under financial strain and mental stress after a car accident, workplace accident, or other incident that led to their financial hardship.
Before filing for bankruptcy, it’s worth exploring other options that might improve your financial situation. These options include:
Debt Consolidation: Debt consolidation involves combining multiple debts into one loan with a lower interest rate, offering manageable monthly payments.
Negotiating with Creditors: Many creditors are open to negotiating payment plans or settlements, especially if they believe bankruptcy will result in them receiving less money.
Credit Counseling: Non-profit credit counseling services can help assess your financial situation and recommend strategies to manage debt without filing for bankruptcy.
Bankruptcy is not a one-size-fits-all solution. It requires careful evaluation of your specific financial circumstances, future goals, and long-term consequences. Speak with a financial advisor or bankruptcy attorney to better understand your options and potential outcomes.
Filing for bankruptcy is a complex and often overwhelming process. A Florida bankruptcy lawyer brings expertise and guidance to help individuals and businesses overcome financial difficulties while navigating state-specific regulations and federal laws.
A bankruptcy attorney evaluates your financial situation to determine the best course of action. They can explain the differences between Chapter 7, Chapter 11, and Chapter 13 bankruptcy, helping you decide which path aligns with your goals. Whether it’s liquidating assets or reorganizing debts, a lawyer ensures you understand your options.
Bankruptcy requires detailed paperwork and strict adherence to deadlines. A lawyer manages this process by preparing and filing the required documents, representing you in court, and handling communications with creditors. Their legal knowledge minimizes errors that could delay or jeopardize your case.
Florida bankruptcy law has specific exemptions that allow individuals to protect certain assets, such as their primary home or retirement accounts. A bankruptcy lawyer helps maximize these protections and safeguards your rights against aggressive creditors.
Facing financial struggles can feel overwhelming, but you don’t have to go through it alone. At Werner, Hoffman, Greig and Garcia, we specialize in guiding individuals like you through the bankruptcy process with expertise and compassion.
Our team is here to help you regain control, find financial relief, and take the first step toward a brighter future. Don’t wait for things to get harder—reach out today.
Call us now at (800) 320-HELP or fill out our online contact form to schedule a free consultation.
Florida has generous homestead exemptions that may protect your primary residence. Other exempt assets might include retirement accounts and personal property. However, non-exempt assets could be sold in a Chapter 7 case.
Bankruptcy significantly affects your credit score and can remain on your credit report for 7-10 years. However, it may give you a fresh start and allow you to rebuild your financial health over time.
While it’s possible to file on your own, consulting a bankruptcy attorney can help you understand your options, protect your rights, and ensure the process is handled accurately and efficiently.
Whenever two or more vehicles collide, the results can be life-shattering. There are many causes of car accidents. Part of what makes many wrecks so terrible is that most of them are preventable.
The attorneys with Werner, Hoffman, Greig & Garcia have extensive experience helping people hurt in car accidents caused by someone else’s negligence. We’ll fight to protect your rights and help you obtain maximum compensation. Please contact us online or call (800) 320-HELP for a free consultation.
Florida, with its pristine beaches, world-renowned theme parks, and vibrant culture, is a magnet for tourists and residents alike. However, our state is also notorious for car accidents. In recent years, Florida has consistently ranked among the states with the most in the United States.
The statistics on Florida car accidents are staggering. In 2022, Florida recorded 397,500 car accidents, resulting in 3,574 deaths and 252,123 severe injuries. Only California and Texas had more fatalities.
It’s somewhat understandable that Florida ranks high in car wrecks. We have more than 22 million residents (No. 3 in the country), so our state has more vehicles on the road— and more accidents.
Are Florida drivers worse than those in other states? Forbes magazine analyzed crash data throughout the nation. They used several metrics to determine their ranking, including distracted and drunk driving incidents per 100,000 residents. According to rankings from City Data and Forbes, Florida ranks No. 17 among the states with the worst drivers.
The state had 11.03 fatal drunk driving accidents per 100,000 people and 1.58 fatal distracted driving wrecks. Texas came in at No. 1, with 17.24 drunk driving deaths and 1.92 distracted driving fatalities. Louisiana, Kansas, Oklahoma, and Kentucky round out the Top 5 on this dubious list.
So, even though Florida isn’t the most dangerous place in the country to drive, it’s far too high in the rankings. These are some of the most common causes of car accidents in the state.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), distracted driving caused 54,808 crashes in 2022. These accidents killed 279 people and severely injured 2,650.
This dangerous behavior includes texting or talking, eating, or using a vehicle’s entertainment system. These distractions distract the driver from the road, significantly increasing accident risk. Many people think they’re untouchable when it comes to distracted driving, but unfortunately, that isn’t the case.
Excessive speed is one of the most common causes of car accidents in Florida. Speeding reduces a driver’s ability to react to unexpected situations, increasing the severity of accidents when they occur. With long stretches of highways and the desire to reach destinations quickly, speeding is a common issue in Florida.
The good news is that speeding-related crashes decreased from 2010-2020, from 19% of all motor vehicle accidents to 9%.
Driving while impaired due to drug or alcohol use is another serious problem in Florida. Alcohol consumption increased during Covid, exacerbating this issue. Drunk drivers put themselves and others at significant risk of catastrophic injury or fatality. Impaired drivers caused 355 drunk driving accidents in 2022, leading to 323 fatalities and 253 severe injuries.
Drunk or high drivers can’t react to changing conditions fast enough. Alcohol and drugs also affect judgment and decision-making ability. Drivers may be more likely to speed up or take other unnecessary risks. Impaired coordination also increases the likelihood of a wreck.
Tailgating, aggressive lane changes, and ignoring traffic signals are all too common on Florida roads. These actions put everyone on the road at risk, including the driver. Aggressive driving can escalate quickly in heavy traffic or during unfavorable weather conditions.
Florida’s appeal to new residents and tourists creates a unique driving environment. Some may not know the traffic laws or understand the complex road network. Inexperienced drivers can inadvertently cause accidents due to their lack of knowledge or unfamiliarity with the area.
Car accidents in Florida sometimes result from defective vehicle parts or maintenance issues. Examples may include faulty brakes, worn-out tires, or other mechanical problems compromising a vehicle’s safety. The combination of hot and humid weather in Florida can also exacerbate wear and tear on vehicle components, making regular maintenance even more crucial.
When a car accident occurs, determining liability is crucial to hold the responsible party accountable. Attorneys typically establish liability through an investigation that considers common causes of car accidents. These factors include driver negligence, traffic violations, witness statements, etc.
Multiple parties may share liability for an accident, making a case much more complicated. But skilled attorneys know how to determine liability, no matter how many parties may share the blame.
Florida operates under a no-fault insurance system. Under this system, regardless of who is at fault in an accident, your insurance company covers your initial medical expenses and lost wages. The primary goal of this system is to provide swift compensation and reduce the burden on the court system.
However, it’s important to note that while no-fault insurance can expedite the process, disputes can arise when seeking compensation for severe injuries or damages that exceed policy limits. In such cases, an attorney can work with you to determine how to maximize compensation for your car accident claim.
Car accidents can result in significant physical, emotional, and financial burdens. If you have been involved in a crash caused by another party, you may be entitled to seek damages. These personal injury damages are broken into several categories to address specific losses you may face.
Economic damages are designed to compensate for measurable financial losses incurred as a result of the accident. These include medical expenses, such as hospital bills, therapy, and ongoing treatments.
Additionally, if the accident affects your ability to work, you may recover lost wages or compensation for reduced earning capacity. Property damage, like costs for repairing or replacing your vehicle, also falls under this category.
Non-economic damages address losses that do not have a direct monetary value but significantly affect your quality of life. This type of compensation may include pain and suffering resulting from physical injuries, as well as emotional distress caused by the incident.
Loss of enjoyment of life, which refers to the inability to engage in daily or recreational activities, may also be considered in these claims. A skilled car accident lawyer will assess your case and determine the type of damages you can claim with proof.
While not applicable in all cases, punitive damages may be awarded in situations where the at-fault party demonstrated particularly reckless or intentional behavior. These damages are intended not only to penalize the wrongdoer but also to deter others from engaging in similar conduct in the future.
A car accident can leave you overwhelmed with medical bills, insurance claims, and repair costs. In these moments, a Florida car accident attorney can be an invaluable resource. Here’s how they can help:
Many people are not fully aware of their rights following a car accident. An experienced attorney can explain your legal options, whether it involves filing a lawsuit or negotiating with an insurance company. They will also help you pursue your claim where the at-fault driver is uninsured. Their expertise ensures you make informed decisions without jeopardizing your claim.
Insurance adjusters often prioritize minimizing payouts, which can leave you with inadequate compensation. A car accident attorney acts as your advocate, handling all communications with the insurer to ensure you receive a fair settlement. They have the skills to counter lowball offers and push for the compensation you deserve.
Accurately estimating the value of damages after a car accident can be complicated. Beyond medical bills, you may be entitled to compensation for lost wages, emotional distress, and long-term disability. Attorneys carefully assess all factors to pursue a settlement that truly reflects your losses.
To strengthen your claim, car accident attorneys gather essential evidence like police reports, medical records, witness statements, and even expert opinions. A thorough investigation ensures no detail is overlooked, enhancing your chance for success.
Legal processes for car accident claims can be time-consuming and complicated. Missing deadlines or filing incomplete paperwork can harm your case. Attorneys ensure every step is handled correctly and promptly, giving you peace of mind.
By working with a Florida car accident attorney, you increase your chances of a successful claim while reducing the stress of managing the legal process alone.
If you suffer an injury in a Florida car accident that wasn’t your fault, speak with the experts at Werner, Hoffman, Greig & Garcia. We can help you navigate the complex legal landscape, negotiate with insurance companies on your behalf, and work to secure a fair settlement or take your case to court if necessary.
Whether you were injured in a Miami car accident, lost a loved one in a Homestead drunk driving accident, totaled your vehicle after a collision with a speeding driver in Doral, or suffered some kind of loss in a Florida car accident caused by another driver, WHG is here to assist you in recovering compensation for common causes of car accidents.
Schedule a free case review by calling (800) 320-HELP or using our online form.
The amount of your settlement can vary widely depending on factors such as the severity of injuries, property damage, liability, and insurance policy limits. An experienced attorney will assess the specific details and circumstances of your accident. They’ll then work to ensure you get every dollar you deserve.
In Florida, the statute of limitations is two years from the accident date. If you let it expire, you won’t be able to pursue compensation.
However, you need to start the legal process immediately. The investigation into your case must begin as early as possible to preserve evidence.
After a car accident in Florida, your immediate priority should be ensuring your safety and the safety of others involved. Do the following as soon as you can.
You have just received notification that your VA disability claim has been denied. This initial denial, while unfortunate, is not the end of the road for your claim. You do have options to have your denial reviewed, including requesting a veterans law judge with the Board of Veterans’ Appeals review your claim.
When you choose to appeal your claim denial to the Board of Veterans’ Appeals, you have a choice whether to request a hearing on your claim. The other option is to allow the judge to make their ruling based on the evidence submitted to them for review. Is there an advantage to requesting a hearing? Like most legal questions, the answer is, “It depends on your situation.”
If your initial VA claim has been denied, you can increase your chances of a successful appeal by hiring experienced veteran disability appeals lawyers at Werner, Hoffman, Greig & Garcia. Call us at (800) 320-HELP or submit our online contact form to schedule your free case evaluation today.
Navigating the VA appeals process can be a crucial step for veterans seeking to secure the benefits they deserve after an initial claim decision. Understanding the different levels of appeal ensures that you choose the most appropriate path depending on your circumstances and the specifics of your case.
A Supplemental Claim is the first option in the appeals process if new and relevant evidence has surfaced since your initial claim. This level allows veterans to submit additional information or documentation that could potentially alter the VA’s decision.
The primary advantage of a Supplemental Claim is that it provides a straightforward way to present new and relevant evidence, which the VA is required to consider. When pursuing this option, it’s crucial to gather and organize all new evidence carefully. The VA’s decision will largely depend on the new information provided.
The VA aims to expedite these reviews, typically taking a few months. This makes a Supplemental Claim a relatively quick process compared to other appeal levels.
The Higher-Level Review offers veterans a chance to request a fresh look at their claim by a senior claims adjudicator. This option does not allow for the submission of new evidence. Instead, it focuses on determining if an error occurred during the initial decision-making process.
One of the main benefits of a Higher-Level Review is the potential for a quicker resolution. These reviews often conclude within a few months. Veterans can also request an informal conference with the reviewer, providing an opportunity to discuss VA errors in the initial decision.
However, since no new evidence can be added, it’s essential to ensure that the original claim was complete and accurate before pursuing this option.
For a more formal examination, the Board of Veterans Appeals (BVA) is an option that provides a comprehensive review of your case. The BVA consists of Veterans Law Judges who scrutinize all aspects of the claim, including any new evidence submitted.
This level of appeal offers the chance for a hearing, where veterans can present their case directly. While the BVA process can be lengthy, often taking a year or more, it allows for a thorough review of the claim and all associated evidence.
Veterans opting for this appeal must be prepared for potential delays. However, they can benefit from the detailed consideration given to their case by experienced judges.
The U.S. Court of Appeals for Veterans Claims is the final step in the VA appeal process. It is intended for veterans who believe that the VA or BVA made legal errors in their decisions. At this level, the process becomes more judicial, involving legal briefs and arguments presented before a judge.
This court does not reassess the factual basis of the claim. Instead, the CAVC focuses on whether the law was applied correctly. Although this is the most complex and time-consuming option, potentially taking several years, it offers veterans the chance to address perceived legal injustices in their cases.
Engaging legal representation by seasoned WHG veteran disability lawyers is often advisable at this stage. They have the skills to effectively navigate the intricacies of veterans’ law.
The VA disability claims process can be rather impersonal. During the initial claim process you do not meet with or speak to the individual who is processing your claim. Your only communication with this person is the evidence and records you submit to them for review.
Your documentation is what helps tells the story of your service and disability. Once your appeal has been reviewed, then a Veterans Service Representative will send a letter informing you of their decision.
A hearing before a veterans law judge with the Board of Veterans’ Appeals represents a rare opportunity, then, for veterans to speak directly to someone at the VA who has the authority to approve their claim. You may feel as if you are your best advocate, and that being able to tell your story to another person represents your best chance of impressing upon the judge your unique circumstances.
The decision to request a hearing is one that you should make after carefully considering the advantages and disadvantages of doing so with your VA disability appeals attorney. Three things you should keep in mind, though, about in-person and virtual hearings before the Board of Veterans’ Appeals include:
If you request any type of hearing before the veterans law judge, you can expect a longer wait time for your claim to be heard. The Board of Veterans’ Appeals estimates wait times can be up to two years for your claim to be decided if you request a hearing. You may not wish to have a hearing if you want a speedier resolution to your appeal.
Some veterans have suffered mental or cognitive injuries that can hamper their ability to present a compelling case for themselves. If you get irritated, frustrated, or angry when questioned, it may be worth considering foregoing a hearing.
Finally, although veterans law judges are humans and many do sympathize with veterans and their injuries, these judges are tasked with applying settled legal principles to the facts of your case. If the law clearly indicates your claim should be approved or denied for disability benefits, there may be little advantage to requesting a Board of Veterans’ Appeals hearing.
If you have received notice that your VA disability claim has been denied, talk with us at WHG about your next steps. We understand the challenges veterans go through, especially after a claim denial. Set up a consultation about your claim by calling us at (800) 320-4357. You can also text us or contact WHG online.
Initial VA claims are often denied due to insufficient evidence to support the veteran’s condition or a lack of service connection. Errors in the application process, such as missing paperwork or incorrect information, can also lead to denials. Ensuring complete and accurate submissions can help mitigate these issues.
The cost of hiring a veteran disability appeals lawyer typically varies based on the complexity of the case and the lawyer’s experience. WHG veteran disability lawyers work on a contingency fee basis. We recover a percentage of the back pay awarded if the appeal is successful. It’s important to discuss fees upfront to avoid surprises.
For a successful VA claim or appeal, veterans should provide comprehensive medical records, service treatment records, and any new evidence that supports their condition. Detailed statements from healthcare providers and personal statements can also strengthen the claim.
Injuries caused by car accidents vary in severity and impact. These injuries can affect different body parts, from the head and brain to the limbs, and even psychological well-being. Here’s some information on the various types of injuries that occur, as well as their symptoms, treatments, and potential long-term effects.
The law firm of Werner, Hoffman, Greig & Garcia has a staff of attorneys committed to delivering positive results to our clients. We’ll do all we can to help you get all the money you deserve if you’ve suffered an injury in a car wreck caused by someone else. Call (800) 320-HELP or contact us online for a free consultation.
Head and brain injuries caused by car accidents can impact cognitive abilities, emotional well-being, and overall quality of life. The following is a look at three significant types of brain injuries and head injuries that can result from car accidents.
One of the most severe injuries caused by car accidents is Traumatic Brain Injury (TBI). This condition occurs when a sudden jolt or impact to the head disrupts normal brain function.
The consequences of TBI can range from mild to severe. Mild TBI, often referred to as a concussion, may cause temporary symptoms like headaches, dizziness, and confusion. On the other hand, severe TBI can lead to long-lasting and debilitating effects, including memory loss, impaired cognitive function, and coma.
Concussions can have both immediate and long-term consequences. These injuries temporarily affect the brain and may cause headaches, dizziness, and memory problems.
While concussions are often considered “mild” brain injuries, it’s essential to take them seriously. Multiple concussions over time can lead to a condition known as Chronic Traumatic Encephalopathy (CTE), which athletes and individuals suffering repeated head trauma often experience.
Severe impacts in car accidents can also lead to skull fractures, which pose significant risks to the brain. A skull fracture may result in brain damage, bleeding within the brain, or infections if not promptly addressed. This injury can be life-threatening and requires immediate medical care.
Depending on the location and severity of the skull fracture, surgery may be necessary to repair the damage and prevent further complications. Long-term effects of skull fractures can include cognitive impairment, seizures, or permanent disability.
Significant neck and back injuries caused by car accidents cause pain, discomfort, and, in some cases, long-term disability. These include whiplash, spinal cord injuries, and herniated discs.
Whiplash occurs when the head and neck suddenly – and violently – whip back and forth. This strains and damages the neck’s muscles, ligaments, and tendons. Symptoms of whiplash injuries may include neck pain, stiffness, headaches, and difficulty moving the neck.
Car accidents can lead to spinal cord injuries, which can be particularly devastating. These injuries may result in paralysis, loss of motor function, and permanent disability.
Rehabilitation, including physical therapy and adaptive equipment, is often necessary to improve function and quality of life for those with spinal cord injuries. As with other car accident injuries, spinal cord damage treatment can be extremely costly. Victims may face over $1 million in SCI expenses in expenses in the first year alone.
Herniated discs occur when the spinal discs undergo pressure due to swelling of the soft tissues surrounding them. In many instances, victims not only suffer pain but also weakness and numbness. While some cases may improve with conservative treatments like physical therapy, more severe cases may require surgery to alleviate pressure on the nerves.
Chest and abdominal injuries resulting from an accident can be life-threatening. Rib fractures, internal injuries, and seat belt syndrome can have devastating consequences.
Forces from a car wreck can result in rib fractures and internal injuries. Rib fractures can be painful and, if not managed correctly, result in complications like punctured lungs.
Wrecks can also cause damage to vital organs in the chest, such as the heart and lungs. Internal injuries can lead to bleeding, infection, or impaired organ function, which can be life-threatening if not promptly addressed. Immediate medical attention is crucial to assess the extent of these injuries and initiate appropriate treatment.
Researchers estimate seat belts saved more than 374,000 lives from 1975-2017. While wearing a seatbelt is essential for safety, it can sometimes cause what’s known as “seat belt syndrome.” This injury occurs when the seatbelt restrains the body during a collision, leading to abdominal bruising, internal bleeding, and damage to the intestines.
Limb injuries are also common consequences of car accidents, ranging from minor to severe. These injuries can profoundly affect a victim’s quality of life. Examples include the following:
Fractures and breaks in the arms, legs, hands, or feet can vary in severity. Simple fractures may heal with immobilization and rest. However, more complex fractures require surgery, pins, or rods for stabilization. Recovery can involve physical therapy and rehabilitation to regain full function in the affected limb.
Soft tissue injuries, such as strains, sprains, and contusions, lead to pain, swelling, and reduced mobility. While soft tissue injuries are typically not life-threatening, they can be quite painful and may require physical therapy and other treatments for a complete recovery. In some cases, these injuries can lead to chronic pain or long-term discomfort.
Car accidents can take a toll not only on the body but also on a victim’s mental health. The psychological impact of car accidents can be severe, leading to conditions like PTSD, anxiety, and depression.
Individuals with PTSD may experience flashbacks, nightmares, anxiety, and emotional distress related to the accident. PTSD can interfere with daily life, work, and relationships. It’s essential to seek psychological support and treatment for PTSD after a car accident, as it can improve with therapy and support.
Anxiety and depression often require therapy and, in some cases, medication to manage. Anxiety and depression can affect a person’s overall well-being and may interfere with their ability to function normally in various aspects of life.
Learn more: Car vs. Truck Accident Lawsuits: 4 Key Differences
Understanding the difference between minor and major injuries is crucial, as is recognizing the potential for chronic pain and long-term disability.
Minor injuries may include sprains, minor cuts, or bruises. These injuries may require medical attention but generally don’t lead to long-term complications. In contrast, major injuries encompass more severe conditions like fractures, traumatic brain injuries, spinal cord injuries, and internal injuries.
Major injuries can result in significant medical expenses, long-term rehabilitation, and lasting effects on a person’s life. In some cases, hidden car accident injuries may start out as minor but become major problems when left untreated.
Conditions like chronic pain, chronic headaches, or lingering neurological deficits can impact an individual’s daily life and ability to work. Legal action may also be necessary to seek compensation for medical expenses, lost wages, and pain and suffering.
When individuals are involved in car accidents, they may face a myriad of physical, emotional, and financial challenges. To address these hardships, various forms of compensation are available to help victims recover and rebuild their lives.
Understanding the different types of compensation can empower victims to pursue the justice and support they deserve.
Economic damages are any tangible financial losses that a victim incurs due to a car accident. These damages are typically easier to quantify and can include a variety of expenses and lost income:
Non-economic damages are more subjective damages and aim to compensate victims for the immaterial impacts of the accident. These damages address the personal and emotional toll that an accident can have:
Moving on with life after a car accident can be overwhelming, especially when dealing with common personal injuries and insurance claims. Enlisting the help of a skilled lawyer from Werner, Hoffman, Greig & Garcia (WHG) can make a significant difference in securing the compensation you deserve.
Our experienced attorneys provide essential support and advocacy for victims of car accidents caused by another driver’s negligence.
WHG lawyers possess extensive knowledge of personal injury law, ensuring that your case is handled with the utmost precision. Our familiarity with legal processes and regulations allows us to effectively build your case and navigate the legal system.
A comprehensive investigation is crucial for a successful claim. WHG car accident attorneys meticulously gather evidence, including accident reports, witness statements, and expert testimony, to construct a compelling case that supports your claim for compensation.
Negotiating with insurance companies can be challenging, but our lawyers are adept at advocating for your best interests. We work diligently to secure a fair settlement, utilizing our negotiation skills to counter lowball offers and ensure you receive the compensation you deserve.
Every case is unique, and our experienced car accident lawyers tailor their approach to meet the specific needs and circumstances of each client. By developing personalized legal strategies for car accident claims, they maximize the likelihood of a favorable outcome for your case.
Throughout the legal process, WHG attorneys prioritize client support and communication. We provide guidance and updates at every stage, ensuring you feel informed and confident as your case progresses toward resolution.
If someone else’s recklessness was the cause of your car accident, you may qualify for financial compensation. Please don’t hesitate to speak with an experienced Werner, Hoffman, Greig & Garcia car accident attorney.
We’ll take care of the legal complexities so you can focus on your recovery. When you turn to us, you can rest assured we won’t stop until we help you obtain maximum compensation.
Call (800) 320-HELP or use our online form for a free case review.
Injuries from a car accident can manifest hours or even days after the collision. It's essential to monitor your condition and seek medical attention if you experience any symptoms, even if they appear days later. Early diagnosis and treatment are critical to a successful recovery.
The amount of compensation for your car accident injury can vary widely and depends on several factors, including the severity of your injury, medical expenses, lost wages, and the circumstances of the accident. An experienced car accident attorney can help you assess your case and determine the potential compensation you may be entitled to.
Yes, it’s crucial to seek medical attention after a car accident, even if you don’t think your injury is severe. Some injuries may have delayed symptoms, and a medical evaluation can ensure you receive prompt care. Documenting your injuries with a healthcare professional will be essential for insurance claims or legal actions.
