Appealing a Denied Veterans Disability Case

An adverse decision from the Veteran’s Administration (“VA”) can be nerve-wracking to someone depending on veteran's benefits. But a denial can be reversed if a claimant files a Notice of Disagreement with their local VA office within a year of the decision. The VA will then send the claimant a form (VA Form 9) requesting the kind of review sought. In addition to stating the what the claimant wants and why they disagree with the VA’s decision, a claimant has two options for review: consideration by a Decision Review Officer (“DRO”), or by the Board of Veteran’s Appeals (“BVA“).

Review Via a DRO

A claimant can request that a DRO at the nearest VA office look at the decision. In a DRO review, the claimant and/or their advocate can speak with the DRO prior to a hearing. Such a dialogue can further explain any shortcomings in the person’s claim (such as incomplete information). A review of the Statement of the Case, which is sent with the VA Form 9, will indicate why the VA came up with their decision and can assist with any future discussions and the hearing.

If an actual hearing is needed, the claimant and their advocate should acquire any necessary documentation and line up any witnesses ahead of time. At the hearing, documents are submitted and testimony can be given. The DRO will subsequently render a decision and mail a copy to the claimant. If a claimant is unsuccessful, then they can pursue further review at the BVA.

The Board of Veteran’s Appeals

If a claimant chooses a BVA review, a hearing date and location will be established. An appellant can ask for an in-person hearing at the BVA in Washington, D.C. However, if travel is problematic, a claimant has two other options. First, a claimant can request a teleconference from their local VA office or a hearing at a local VA office with a BVA member in attendance. Like the DRO hearing, a BVA hearing entails the submission of written and testimonial evidence. Afterward, the BVA will send the claimant a decision.

Some claimants simultaneously request both forms of review. Of course, the DRO process usually takes less time than a decision from the BVA, and if the claimant is successful, it eliminates the need to further pursue an appeal.

Seeking Legal Assistance

Given the technical nature of evaluating a claim for veteran’s benefits, as well as the various rules, regulations and policies at the agency level, seeking further review of the VA’s denial can be an anxiety filled process. But by obtaining the help of an attorney, a claimant can successful reverse a denial of veteran benefits.

Appealing a Denied Veterans Disability Case

Review Via a DRO

The Board of Veteran’s Appeals

Seeking Legal Assistance

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