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Tuesday, March 17, 2020

Appealing a Denial of Veteran Benefits

Veterans often wait for months to find out the status of their veteran’s benefits claim. After the wait for information related to critical benefits, it can be extremely upsetting to find out your claim has been denied. After finding out about your denial, you have the option to appeal. The thought of an appeals process after all you’ve already had to deal with can be less than appealing, but very worth it! You have one year from the date your regional office (RO) sends you the denial letter to file an appeal.

How Can I Appeal a Denial of My Veteran Benefits?

To appeal the denial of your veteran benefits claim, submit a Notice of Disagreement to your RO. You can write your own letter or use the VA Statement in Support of Claim form. You will need to state the reasons you disagree with the denial and also state your intent to appeal the denial. After you send the Notice of Disagreement, you have the opportunity to request that a Decision Review Officer from your RO review your file. You may also appeal directly to the Board of Veterans Appeals (BVA). A DRO appeal, however, will usually get completed quicker than a BVA appeal. Also, even if the DRO appeal does not work out in your favor, you still have the opportunity to take your case to the BVA later on.

After completing the review of your file, the RO will send you a Statement of the Case (SOC). The SOC will explain the laws and evidence used to determine the outcome of your case. The RO will also send you a Substantive Appeal Form (VA Form 9) which you will use to confirm your intent to appeal. On the Substantive Appeal Form, provide as much information as possible regarding the details of your case and why your benefits should have been approved. Once received, you will have 90 days to provide evidence in support of your claim to the BVA. Evidence can include medical records, among other things.

You have the opportunity to request a personal hearing with a travel judge from the BVA, a video conference, or a personal appearance at a hearing in Washington, DC. Requesting a hearing will mean that your appeal will take longer to process as scheduling and waiting for your hearing date will take time. This is on top of the fact that awaiting a decision on your appeal can take a very long time. It can take months, years even, for an appeal to be completed. The BVA will mail you the decision as to whether or not your appeal has been approved or denied.

Veterans Benefits Attorney

Veterans benefits provide critical and well-earned services to many. It can be a difficult system to navigate and that is why Monk Law is here to help. We proudly serve our veterans by providing trusted legal counsel. Contact us today.


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| Phone: 803-594-4453
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| Phone: 704-369-9977

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