How to Reinstate VA Benefits

By Kayla Lowe

If you're a recipient of VA benefits, there are certain qualifications you must maintain and certain measures you must take to ensure that you keep your VA benefits. For instance, if you receive a VA pension, each year you are usually mailed a form from the VA asking if your financial situation has changed. If you don't fill out and return the form by the required date, you could lose your VA benefits. Also, if you are incarcerated for more than 90 days you could lose your compensation and possibly your pension, too. If you happen to lose your VA pension, you can appeal to reinstate VA benefits.

Write a notice of disagreement (NOD) to the VA office that issued the revocation of your VA benefits. No specific form exists with which to file an NOD. Simply draft a letter explaining why you disagree with the decision and that you desire an appeal. Be specific in your letter, clearly explaining what your situation was at the time your VA benefits were revoked and why they should be reinstated. Be sure to write your notice of disagreement within one year of receiving the decision.

Wait for a response from the VA. The VA will mail you a packet containing the facts and regulations used to decide your claim. The packet will include a copy of the Appeal to the Board of Veterans Affairs, or "Form VA 9." Fill out the form and return it to the VA within 60 days. Indicate on the form whether you would like a personal hearing with the VA official who will be determining your appeal.

Respond to any additional information that the VA requests from you as soon as possible, but at least within 60 days.

Obtain representation for your personal hearing if you indicated that you desired one. The Disabled American Vets (DAV) can assign someone who understands the VA system to represent you in your appeal at your personal hearing.

Wait for a written decision from the VA regarding whether your appeal has been granted.

The quicker you respond to the VA, the quicker the process to reinstate your VA benefits will be.

Consult the DAV for help drafting your appeal letter if you need assistance.

Appeal times may vary based upon your particular case and the number of claims and appeals the VA has received. Some appeals can take a year or two to determine.

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