The VA disability appeals process can be complex and confusing.
The first step in the VA appeals process is filing a Notice of Disagreement (NOD). This form empowers you to inform the VA that you disagree with their decision.
Gather the Evidence
A successful veteran disability appeal hinges on a great deal of evidence. This can include medical records, private healthcare provider reports, and statements from friends and family members. A legal brief that cites case law is also highly effective in many situations.
The first step in the process is proving that your condition, injury, or illness was either caused by or made worse due to your time in the military. The VA then assigns a rating to determine how much compensation you are eligible for based on the severity of your condition.
If the VA denies your claim or you disagree with any aspect of their decision, there are three different types of reviews/appeals that you can file within one year from the date of their letter. A VA-accredited lawyer can help you decide the best option for your situation. In addition, the attorney can help you collect any additional documentation or information you may need.
Submit the Documentation
After you’ve gone through the VA disability process and received a decision, whether denied or a lower rating than expected, an appeal is often in order. Still, the way to file a practical appeal is to have all of your documentation in order.
This includes all medical records (private and from the VA) from your time in the military, discharge papers, and any other documentation related to your case. A skilled advocate can help you get these together, minimize your interactions with VA representatives, and ensure your documents are complete and correctly submitted.
Once you have all your documentation, you must decide which type of appeal you want to pursue: a supplemental claim, higher-level review, or a hearing with a veterans law judge. Whichever one you choose, you’ll need to submit a form requesting your chosen review and any new evidence that you have yet to submit previously.
Represent Yourself at the Hearing
When you file an NOD, you must explain why you disagree with the decision and provide evidence such as private medical records, expert opinions, and Disability Benefits Questionnaires. You do not have to list every reason you disagree, but the more specifics you give, your appeal will stand out.
The VA will then issue a Statement of the Case, explaining their reasoning for rejecting your claim. You have 60 days or the remainder of the one year after receiving this SOC to submit a formal appeal on VA Form 9.
To bypass the DRO process, opt for a higher-level review and have a senior VA reviewer look at your claim. This takes about four to five months.
You can also request a hearing with the Board of Veterans’ Appeals, but you must file only one Board appeal in a row. It is best to have a lawyer represent you at this stage.
File the Appeal
The process of filing a veterans disability appeal can be complex. However, enlisting the assistance of a knowledgeable advocate has been shown to increase the chances of a successful outcome significantly.
The first step in the veterans disability appeals process is the Notice of Disagreement (NOD). This form lets you inform the VA that you disagree with their decision.
When writing the NOD, you must focus on the issues you disagree with. Avoid listing every reason you think the VA was wrong; this can confuse the reviewer and may not help your claim.
Your attorney will draft and file your NOD, which must conform to the VA’s submission standards, and present your case for benefits clearly and comprehensively. In addition, the attorney will recommend any additional evidence that should be submitted for a higher-level review or hearing with a veteran law judge. These can include private medical records and expert opinions.
