FIGHTING DENIAL OF YOUR VA DISABILITY CLAIM
The U.S. Department of Veterans Affairs (VA) does not always make the decisions that claimants believe they deserve. Claims are often denied when the veteran is fully deserving of VA benefits. The VA might also rate the veteran’s disability very low, resulting in less compensation than the veteran deserves to cover their damages. In each of these cases, the veteran has every right to file an appeal with their local VA office, or with the Board of Veterans’ Appeals (BVA) in Washington, D.C.
If you are not satisfied with the VA’s decision about your claim, you need to write a notice of disagreement (NOD) that states why you are not satisfied with the decision, what you believe your case deserves, and why you believe you deserve it. You then submit your NOD to your local VA office to be reviewed by a Decision Review Officer (DRO). You can also request a personal hearing to discuss your NOD in person. Once your case is reviewed, the VA office will write a statement of case (SOC) explaining the evidence, laws, and regulations that were applied in the decision on your case. The SOC will be mailed to you, along with a VA Form 9 – Substantive Appeal Form, for you to complete should you desire to appeal to the Board of Veteran’s Appeals (BVA).
If you still believe that you deserve benefits and that the VA was wrong to deny your claim, you can file a VA Form 9 with the BVA. This must be done within 60 days from the date that the VA office mailed your SOC, or within one year from the date they mailed your original decision of denial, whichever is later. You can request a personal hearing with the BVA, as well. Your hearing could take place in Washington, D.C. at the BVA offices, at your local VA office through a video conference, or at your local VA office with a BVA member present. These hearings are informal and allow you to explain your case. The final decision on your case is not made then; rather, a transcript of the hearing is made and sent to the BVA office along with your file, where a final decision will be made by a board member.
LEARN THE BENEFITS OF HIRING LEGAL REPRESENTATION
Although you are not required to have legal representation during the appeals process, it is highly recommended. An experienced lawyer or qualified agent will have the knowledge to guide you through the process, help you explain your case, and ultimately help you obtain the VA disability benefits that you deserve. For more information about VA disability, feel free to browse through the additional pages on this VA disability informative site.