If you had your VA Disability denied, not all hope is lost. You may still have an opportunity to appeal the decision by the Veterans Administration.
The following is a simple explanation of how to start the VA Disability Benefits appeals process:
- Received denial or low-rating – Either the veteran or family member must first receive a denial of VA benefits or a low-rating to appeal. Keep in mind, many veterans face these situations.
- Notice of Disagreement (NOD) – This lets the Veterans Administration know that you disagree with their decision to deny your benefits. You or your loved one must file the NOD within one year from the date the VA’s decision was made.
- Statement of the Case (SOC) – The VA will send the SOC to the veteran or their lawyer. The SOC should arrive sometime within 200 days. It is important to review the SOC for any errors.
- Form 9 – If you wish to appeal, you need to file a Form 9 to start the appeal to the Board of Veterans Appeals (BVA).
Once your VA Disability is denied, you must start gathering new VA Disability Benefits evidence since the VA considered your previous amount of evidence insufficient to qualify. Since you have one year from the date of the denial to file your appeal, make sure you meet that deadline, as well as others related to your case.
If your VA Disability Benefits claim was denied due to a mistake, double-check all of your paperwork to ensure that there are no obvious errors. Lastly, you should contact an experienced lawyer to guide you through the complexities of your case in order to obtain the most favorable outcome possible.
For more information, contact our Pennsylvania attorneys at Metzger Wickersham to schedule a free case evaluation today.
In the best interest of the client, VA Disability claims may be referred to other law firms.