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.