By Andrea Lott
If the Veterans Benefits Administration, a division of the Department of Veterans Affairs, also called the VA, denies your claim for disability benefits, or if you disagree with the label at which your disability has been rated, you can appeal the decision. Appeals are processed through the Board of Veterans' Appeals (BVA). You can appeal an unsatisfactory decision to the national BVA after receiving it from your local VA.First, apply for disability benefits by filling out the paperwork provided at your local VA. Find your local VA and get help on filing your claim by visiting a veteran's organization. You can retain an attorney to help with your VA disability claim or file it yourself. After you file a disability claim, your local VA reviews it and comes to a decision. After you receive the decision, if you disagree with it for any reason, you may appeal.
The first step to appeal a decision from the VA is to write a letter, called a Notice of Disagreement, letting the VA know that you disagree with its decision regarding your disability claim. Send the Notice of Disagreement to your local VA within one year of having received its decision on your claim. Ask a Decision Review Officer to review your claim, either in your Notice of Disagreement, or after sending it.
You'll receive a Statement of the Case (SOC) from your local VA after it receives your Notice of Disagreement. The SOC outlines the facts and evidence used by the VA to make the ruling you received. Along with your SOC, you'll receive a Form 9 to fill out and return.
Fill out and return the Form 9 within 60 days. State what you are looking for from your appeal, and exactly what decision you would like the VA to make. Point out any errors you find in the VA's statement of your case as outlined in the SOC sent to you. Ask for a personal hearing, if you like, to present your case. If you have a personal hearing, it can take place in Washington, D.C., at your local VA, or by videoconference. Request a videoconference hearing for the fastest results.
During a personal hearing, present any evidence you want the VA to consider in your appeal. If you are asked questions, answer truthfully to the best of your ability. Do not expect an answer the day of your hearing. The BVA reads a transcript from your hearing, considers the evidence and notifies you of its decision at a later time.
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