HOW TO APPEAL A DENIED VETERAN DISABILITY CLAIM
Has the U.S. Department of Veterans Affairs (VA) denied your claim for disability benefits? Are you unsure about how to navigate the appeals process?
Vets National Advocates can help. Our team of trained advocates can give you the guidance that you need to deal with the VA appeals process.
This complex process often requires many steps such as filling out multi-part forms, meeting filing deadlines, and attending hearings before VA officials.
It is important to contact us at the beginning of the appeals process, after you receive a Rating Decision and are ready to file a Notice of Disagreement (NOD).1
To file an NOD, you must file VA Form 21-0958 and provide information about why you disagree with the VA's decision to deny your claim.
This form gives you the opportunity to clarify:
- Why you disagree with the VA's denial of your claim,
- The degree of your disabilities, and
- What you feel is a proper rating for those disabilities.
Fill out this form carefully. Doing so will enable you to preserve your right to appeal the VA's denial of your disability benefits.
Vets National Advocates can help you complete the NOD form.
When assisting you with the NOD, we should state in clear, simple terms why you disagree with the denial of your claim. We should also state your intention to appeal and include the date of the denial letter and the rating decision.
Our advocates can help you meet the filing deadlines for all the necessary forms in this complex appeals process.
After the local VA office responds to your NOD and sends you a document known as the Statement of the Case (SOC), you must file a VA Form 9 to appeal your case to the Board of Veterans' Appeals (BVA). 2 The SOC explains the evidence, laws, and regulations that were used to make a decision about your claim.2
The VA Form 9 is a critical part of the appeals process. When filing the Form 9, you may decide whether to request a hearing from a member of the BVA and, if you elect to attend a hearing, where you would like the hearing to take place.
One of our advocates can help you explain your claim to the BVA at the hearing. If the Board denies your appeal, we can help appeal your claim to the next level, the U.S. Court of Appeals for Veterans Claims (CAVC).
No matter how challenging the appeals process proves to be, Vets National Advocates is here to fight for you every step of the way.
You earned your disability benefits by defending your country. Do not let a denial of your benefits stop you from getting what is rightfully yours.
Vets National Advocates will help you fight for your rights. But you have to take the first step and contact us for a FREE evaluation.
- "VA FORM 21-0958." Veterans Benefits Administration. U.S. Department of Veterans Affairs, Jan. 2015. Web. http://www.vba.va.gov/pubs/forms/VBA-21-0958-ARE.pdf.
- "How Do I Appeal?" Board of Veterans' Appeals. U.S. Department of Veterans Affairs, Apr. 2002. Web. http://www.bva.va.gov/docs/Pamphlets/010202A.pdf.