Veterans Disability Appeals Process

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You’ve served your country with honor and dignity. As a result of that commitment you may have suffered a disability. Now it’s your country’s turn to take care of you.

Fight Your Unjust Disability Compensation Denial Today

If your initial veterans disability compensation claim is denied, the VA allows you to appeal. Having legal assistance to help you maneuver through the appeals process can provide peace of mind and help to alleviate additional stress associated with completing all the paperwork.

The Board of Veterans’ Appeals (also referred to as “BVA” or “the Board”) is a part of the US Department of Veterans Affairs (VA), located in Washington, D.C. Board members – all experienced veterans’ law attorneys – review and decide on benefit claims.

When you file an appeal that ultimately reaches the Board, you’ll want to be sure that you have all the right medical information and documentation available. Sokolove Law helps veterans simplify the lengthy and sometimes confusing appeals process by advising you on what information and medical paperwork is needed, dealing with the VA and preparing you for and attending hearings with you.

Claim Denied? You Can Appeal. Here’s How:

 

  1. File a Notice of Disagreement Within one year of the mailing date of your veteran disability claim denial, you must file a written Notice of Disagreement with your local VA office. When you file your Notice of Disagreement, you can request a local Decision Review Officer (DRO) to consider your claim a second time and hold a personal hearing.
  2. If the personal hearing isn’t favorable, the VA sends a Statement of Case If the Decision Review Officer does not rule in your favor and you decide to move forward with your appeal, the VA will send you a Statement of Case (SOC). This statement is a detailed explanation of the laws, evidence, and regulations that the VA will use to decide on your disability claim. Along with your SOC, the VA will also include VA Form 9.
  3. Complete your Substantive Appeal paperwork The VA’s Form 9 is the official paperwork you fill out requesting an appeal; it asks you to explain why you disagree with the VA’s ruling including your statement about your disability and the reasons why the VA decided your case incorrectly. A Sokolove Law veterans disability compensation attorney can help you understand the denial and prepare appeal paperwork, such as VA Form 9.
  4. Request a Board Member Hearing Presumably, you have already had a personal hearing (or two) at your local VA office. When you file VA Form 9, you can request a hearing with a Board Member from the Board of Veterans’ Appeals in Washington D.C. This meeting can be held in Washington D.C., at your local VA office, or via videoconference. (Typically, videoconference hearings are scheduled quicker because neither you nor the Board Member must travel far.) At this hearing, you present your claim and can offer new evidence to the Board Member. You are allowed to have an attorney or representative there who can present your case and answer questions from the Board Member. Sokolove Law veterans’ disability compensation lawyers can help you prepare for the meeting and will attend with you.
  5. Decision made by Board of Veterans’ Appeals The Board Member you meet will allow, deny, or remand your claim. (Decisions are not made at your hearing.) According to the Board of Veterans’ Appeal’s rules, Allow or Deny decisions are final. If your disability claim is remanded, it means the Board Member would like additional information about your case before deciding – perhaps causing an even longer delay before obtaining benefits. The Board Member will investigate himself or send the claim back to your local VA office before a final decision is rendered.

If the Board of Veterans’ Appeals denies your claim, there are other options.

If the Board of Veterans’ Appeals decides against you, you are allowed to:

  • Try to reopen your claim with the local VA office
  • File a motion asking the Board to review your case because of a clear and unmistakable error (CUE) in the Board decision
  • File an appeal with the U.S. Court of Appeals for Veterans Claims

A veterans disability compensation lawyer can advise you on what each of these steps requires of you, prepare paperwork and forms, and help guide you through the process.

Don’t let the process discourage you! We can help.

Sokolove Law, a national disability law firm, offers FREE, no obligation case evaluations to those veterans with a disability compensation appeal. Contact us today or fill out our form to learn how we can help simplify the often complex and stressful process of a veterans disability compensation appeal.

Why Appeal?

  • You disagree with the VA’s rating decision.
  • You were denied compensation for an injury sustained during time served in the military.
  • You were injured while being treated by VA health care.
  • Your injury or disability has worsened.

Why Hire a Military Disability Insurance Lawyer?

If you have been denied by the Board of Veterans’ Appeals you may want the peace of mind that a veteran’s disability attorney is handling your case. Failure to meet deadlines or complete complicated paperwork correctly could result in another denial and a lawyer can help ensure your appeal is filed correctly, completing all of the paperwork on your behalf and within the appropriate timelines.

Why Sokolove Law?

We help simplify the confusing claims and appeals process for disabled veterans. For 30 years, Sokolove Law has helped people just like you get the legal support they need. Sokolove Law offers a FREE case evaluation and we are only paid if you are successful in your veteran’s disability appeal.