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Steps To Appeal a Denied Veterans’ Disability Claim

Army

If you filed an application for veterans’ disability benefits and it was denied by the Department of Veterans Affairs (VA), you may be able to reverse the decision through an appeal.

The first step in the appeals process is to file a Notice of Disagreement with the agency that denied your claim, which is likely to be your local VA office. The Notice of Disagreement must be postdated within 12 months from the date the VA mailed you a denial letter.

In your Notice of Disagreement, you can state that you disagree with all of the VA’s decisions or identify specific decisions you would like the VA to reconsider.

You can also request that your appeal be reviewed by a Decision Review Officer (DRO) instead of a hearing officer from the Board of Veterans Appeals (BVA). A DRO may be able to review your appeal faster than a hearing officer. Also, the DRO’s review process may include a hearing, possibly improving your chances of a successful appeal.

After your appeal is reviewed by a DRO or BVA hearing officer, you will receive a Statement of Case. Your Statement of Case will summarize the evidence related to issues raised in your Notice of Disagreement, cite relevant laws and regulations, state the original decision on each issue, and reasons for upholding or reversing each decision.

You have 60 days from the date the Statement of the Case was mailed to file another appeal with the BVA. This appeal must state specific allegations of errors with the facts of the case or errors with relevant laws and identify the benefits you are seeking.

The appeal will be reviewed in a hearing with a BVA hearing officer, who will grant or deny benefits or send the case back to your local VA office to gather more information to help resolve the case.

If you are denied again, you can appeal back to the BVA if you can show there is a clear error with the decision. You can also make a written request for the BVA to reconsider its decision. Another option is filing an appeal with the Court of Appeals for Veterans Claims within 120 days of the BVA’s decision.

An experienced veterans’ disability attorney can be of great help throughout the appeals process, helping you complete a Notice of Disagreement and any other necessary documentation and making sure it is submitted on time.

The Nye Law Group’s veterans’ disability attorneys have years of experience helping veterans navigate the appeals process. Your initial consultation is complimentary and we charge legal fees only if we are successful.

Fill out a Free Case Evaluation form or call 855-856-4212.

How An Attorney Can Help You Determine Fault in a Car Accident

Freeway

Proving another driver was at fault for a car accident is a difficult task to handle by yourself.

The Nye Law Group’s skilled Savannah auto accident attorneys have the experience needed to help you recover compensation and hold the other driver liable for the damage he or she caused.

Through a free, no obligation consultation, we will review your claim and the events that occurred before your auto accident to determine who was at fault and if you are entitled damages for your injury.

HOW CAN A CAR ACCIDENT ATTORNEY HELP ME?

A skilled attorney can provide compelling reasons why the other driver was at fault by analyzing and applying relevant traffic laws and statutes to show that the other driver violated the law.

For example, if your accident occurred while cars were merging, your attorney may be able to apply a statute about when you have the right of way in Georgia.

Applying traffic laws can be relatively easy with certain types of accidents, including:

  • Rear-End Accidents: One of the most basic rules of the road is that drivers must leave enough space between their car and cars in front of them so they can stop without hitting the cars in front of them. That is why drivers of cars that were rear-ended will almost never be held liable for the crash.
  • Left-Turn Accidents: In most cases, the driver making the left turn will be held liable because cars coming straight into the intersection have the right of way. However, you could be at fault if you were speeding or running a red light.

Our attorneys will accurately represent your claim to show how your car accident injury has affected your life. We will work to show the othe driver was at fault by obtaining evidence to build a case on your behalf.

WE WILL HELP YOU BUILD A CASE

Another way your attorney can help establish fault in an accident is by assisting you with filing a police report if one was not filed after the accident.

If a report was filed, your attorney can acquire and review it to make sure the facts are correct. The report may note who was at fault for the accident or if a traffic violation was committed.

These could be invaluable pieces of evidence to bolster the argument that the accident was not your fault. Also, insurance companies may drag their feet about issuing car accident liability reports unless they have a police report.

OUR ACCOMPLISHED SAVANNAH TRAFFIC COLLISION ATTORNEYS ARE READY TO HELP

Contact the car accident attorneys in Savannah at The Nye Law Group to find out more about how we can help you after an accident.

We may be able to obtain compensation for medical expenses, lost wages and other damages. Our attorneys work only on contigency, which means the only time you have to pay us is after we recover compensation for your claim.

Call 855-856-4212 to schedule a free, no obligation legal consultation from a Savannah car accident lawyer at our law firm.

How To Prevent a Drowsy Driving Car Crash

Tired Driver

The National Sleep Foundation (NSF) designated last week as Drowsy Driving Prevention Week®. The NSF is using it as an opportunity to educate the public about the dangers of drowsy driving and offer strategies for preventing drowsy driving car crashes.

Each year, there are 100,000 car accidents caused by drowsy drivers, according to NSF statistics. The American Automobile Association (AAA) says 6,400 of these crashes are fatal.

Shockingly, 37 percent of drivers revealed they had fallen asleep while driving, according to a 2014 study from the AAA Foundation for Traffic Safety.

Our Savannah car accident lawyers advise you to take the following steps to help prevent a drowsy driving crash:

The first step in preventing drowsy driving is to get the proper amount of sleep. Adults need seven to nine hours of sleep while teenagers need at least eight-and-a-half hours.

If you struggle to get a good night’s sleep, talk to a doctor or sleep disorder center to find out if you have a medical condition that makes sleep difficult. There may be treatment options to help you sleep longer.

You should also avoid getting behind the wheel during periods of the day when you would usually be sleeping or times when you know you feel tired.

When you go on road trips, the NSF advises taking regular breaks every two hours or 100 miles.

Also, you need to immediately stop driving if you experience any of the following symptoms of drowsiness:

  • Yawning many times
  • Struggling to keep your eyes open
  • Struggling to keep your head raised
  • Irritability
  • Drifting in and out of your lane
  • Frequent blinking
  • Daydreaming

If you notice any of these things, it means you are too tired to drive. You need to pull over immediately, park in a safe place and try to take a nap for about 20 minutes.

If you were injured or a loved one was killed in an accident caused by a drowsy driver, you may be able to file a personal injury lawsuit to recover compensation for physical, financial and emotional damages.

The Nye Law Group’s personal injury lawyers in Savannah, GA offer a free, no obligation consultation to review the legal options available to you. We have detailed knowledge about how to determine fault for a car accident.

Contact our Savannah personal injury law firm today by calling 855-856-4212.

Frequently Asked Questions About the Criminal Law Process

If you have been accused of a criminal act, you need skilled legal representation for your case to have the best chance at a positive outcome.

Your attorney’s effectiveness in navigating the justice system and advocating for your rights could be the difference between a harsh sentence and much lighter penalties.

Review the frequently asked questions and answers below to learn more about the criminal justice system and find out how an attorney can help throughout the legal process.

CAN THE POLICE ARREST ME WITHOUT PROOF OF MY GUILT?

The police can arrest you only if they have probable cause that you carried out the crime. If they do, you could be subject to three types of arrests:

  • Lawful arrest – If the police think you committed the crime, they can enact a lawful arrest. Once you are in custody, your arraignment typically occurs within 48 hours.
  • Flight risk – If the police do not think you will flee, they can submit your case to the district attorney’s office. You will receive a mailed letter requesting you to attend an arraignment.
  • Voluntary surrender – The police can ask you to surrender at a nearby police station.

SHOULD I MAKE A STATEMENT OR SPEAK TO THE POLICE?

It is usually in your best interest not to sign any documents or make any statements to police. You should immediately hire a skilled criminal defense attorney who can advocate on your behalf and prevent you from making statements that could be used against you in court.

WHAT IS AN ARRAIGNMENT?

The arraignment will be your first appearance in a courtroom. At this proceeding, your lawyer will receive the complaint stating the charges against you and police reports in your case. Your lawyer can argue for bail.

WHAT IS A PRELIMINARY HEARING AND WHAT HAPPENS AFTER THIS HEARING?

A preliminary hearing is one where you are charged with a felony and you appear in a courtroom. The judge will decide if there is probable cause to show that you committed a crime and your attorney will dispute evidence against you.

After the hearing, your case can be sent to another court if the judge decides there is enough evidence that you committed the crime.

WHAT IS A PRETRIAL CONFERENCE AND WHAT OCCURS AT TRIAL?

At the pretrial conference, your attorney can discuss a plea bargain or argue pretrial motions to exclude evidence from trial or dismiss your case due to lack of sufficient evidence.

The trial is a courtroom procedure that includes a jury, evidence, cross-examination of witnesses and closing statements. The jury deliberates and issues a verdict.

If you have been accused of a crime, contact the skilled Savannah criminal defense attorneys at The Nye Law Group. We will aggressively defend your rights and guide you through the legal process so your case has a chance to have the best outcome possible.

Contact our attorneys today to schedule your free consultation. Call 855-856-4212.

How Disability Ratings Affect Veterans’ Benefits

Solider Uniform

If you are a veteran of the U.S. Armed Forces and have a medical condition that was caused or aggravated by your military service, you may qualify for disability benefits from the Department of Veterans Affairs (VA).

One of the most frequently asked questions about veterans’ disability benefits is: How much compensation will I receive?

This is determined by your disability rating. The Nye Law Group’s veterans’ disability attorneys in Savannah explain these ratings below. Contact us today to find out if we can help you apply for benefits.

When you apply for benefits, the VA will review your medical documentation and determine if you are eligible.

If your application is approved, the VA will use a rating system to determine the amount of compensation you will receive for your illness or disability.

The VA can rate you anywhere from 10 percent to 100 percent disabled. The higher your percentage of disability, the higher your amount of monthly compensation.

For example, if a veteran is found by the VA to be 10 percent disabled, he or she will receive $123 per month. If a veteran is 50 percent disabled, he or she will receive $770 per month, while a veteran who is 100 percent disabled will be given $2,673.

Veterans with severe injuries or disabilities like the loss of a limb, blindness or deafness, are entitled $96 in extra monthly compensation per injury. Other conditions like permanent bedridden states can entitle veterans to $3,327 each month.

The Secretary of the VA is permitted by law to approve increased payments for severe disabilities up to $4,667 per month in total compensation.

VETERANS WITH MULTIPLE DISABILITIES

When veterans have multiple disabilities, the VA ranks each disability from most severe to least severe.

If the most severe injury leaves the veteran 40 percent disabled, he or she is 60 percent efficient. If the rating for the second disability is 20 percent, the VA will calculate 20 percent of the 60 percent efficiency rating. Then the VA will add that percentage to the rating for the most severe disability. The VA will repeat the process for the remaining disabilities to get a final disability rating.

CONTACT OUR VETERANS’ DISABILITY LAWYERS

If you suffered an injury in the armed forces, contact The Nye Law Group to speak to our experienced Savannah GA veterans’ disability attorneys.

We have years of experience helping veterans with disabilities navigate the VA benefits process. We can help you every step of the way, from your initial application through the appeals process.

Your initial consultation with our experienced attorneys is free and we do not charge legal fees unless we obtain fair compensation.

Call our Savannah personal injury lawyers today at 855-856-4212 or complete our Free Case Evaluation form.

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CONVENIENT LOCATIONS Throughout the Southeast

402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions

402 West Trade Street,
Suite 112
Charlotte, NC

704-285-6319 get directions

1509 Abercorn Street, Savannah, GA 31401

912-200-5230 get directions
View all locations
CONTACT US

NO PRESSURE. SPEAK TO AN ATTORNEY. NO HIDDEN FEES.

* All Fields Required

Or Call 912-200-5230