Get to Know the VA Disability Appeal System – South Portland

by | Dec 17, 2019 | Attorney

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Last year, you applied to the Veterans Administration for disability. Recently, the Veterans Benefits Administration notified you that your claim was denied.

You have a right to appeal this decision. But, how can you appeal VA disability claim?

In order to appeal the denial decision and get the benefits you deserve, proceed as follows:

  • File a notice of Disagreement (NOD) – This document starts appeals process. It needs to be filed within one year of date on letter notifying you of claim decision.
  • Veterans Benefits Administration sends you the Statement of the Case – After NOD is filed, a Decision Review Officer reviews all evidence related to the claim. This includes any new evidence you may have sent with the NOD. If the Officer cannot fully grant appeal, you will receive their findings in Statement of the Case. You then decide if you will proceed with the appeal.
  • When you receive the Statement of the Case, you will also get VA Form 9 – This form is required if you wish to continue the appeal. You have 60 days to return VA Form 9.
    Veterans Benefits Administration prepares Supplemental Statement of the Case – if you added any new evidence, the Decision Review Officer must write a supplement before sending appeal to the Board of Veterans Appeal. Once appeal is sent off, any further new evidence must be sent directly to the board.
  • Appeal is sent to Board of Veterans Appeal – Reviews cases based on the date on the VA Forms 9. The older dates are processed first. If you suffer from a serious illness, have financial distress or other causes that require a faster process, you can apply to have the appeal Advanced on Docket. This process is automatic for persons over 75 years of age.
  • You have the option to request a hearing with a Veterans Law Judge. The Judge will hold a hearing and asks questions pertinent to the case. The transcript of the hearing will be added to your appeals. Judge will not make any decisions on the case.
  • The Board makes a decision: (1) Allowed – Board grants benefits. (2)Remanded – Board needs more evidence and sends the appeal back to the Benefits Administration. After they receive requested evidence, the Administration makes a new ruling. If they cannot fully grant benefits, the appeal goes to the Board. (3)Denied – Doesn’t grant benefits.

If you disagree with the Board’s decision, you can appeal to the Courts of Appeals for Veterans Claims. Contact Jackson & MacNichol Law Offices for assistance with your case. With over 20 years of experience, we can help you appeal your VA disability claim.

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