Appealing The Denial Of A VA Disability Claim

by | Oct 23, 2017 | Attorney

If you submitted a claim for veteran’s benefits only to have it denied by the Department of Veterans Affairs (VA), don’t be surprised or discouraged. Claims are denied very often but fortunately you can appeal a VA disability claim, the only thing you have to do is file a Notice of Disagreement (NOD). If you plan on appealing, do not delay, you are given one year from the date the notice was sent to you to act.

The purpose of the NOD:

No doubt you will be upset if you receive notice that your claim for disability was denied. When you appeal you may feel that it will help your case if you tell the VA why you believe their decision was wrong. This is not the time to do this, when you file your NOD do not go into any detail, you will be given ample opportunity to do so at a later date.

The NOD has one purpose, it is to ensure that the right to appeal a VA disability claim is not lost. If you provide detailed specifics of why you believe they erred when they denied your claim will only limit the issues that were never addressed in your initial claim.

Choose the type of appeal:

When you make your NOD simply tell the VA you disagree with the decisions they made and you intend to appeal. You will be given two choices, you can appeal locally to a decision review officer or you can appeal directly to the BVA, Board of Veterans Appeals.

If you opt for appealing locally and your claim is once again denied, this does not stop you from elevating your appeal to the BVA. The advantage of lodging an appeal locally is the fact the decision will be handed down quicker and a local review gives you an extra chance to get a reversal as you can still appeal to the board.

You can appeal a VA disability claim in the event your initial claim is denied. Once you have filed a Notice of Disagreement the process can get very complicated and it may be in your best interest to get help. You are invited to discuss your claim with Jackson & MacNichol, Attorneys at Law.

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