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Veterans are eligible for numerous benefits like home loan benefits, educational benefits, health benefits and disability benefits. Survivors of the military personnel are also eligible for survivor benefits. Amount of disability benefits depend primarily on the severity of the injury. This disability benefits process is quite complicated with the establishment of service-related injury and disability rating. The veteran’s benefits are awarded after you file a claim with the Department of Veterans’ Affairs (VA). This process usually takes a long time, and at times, the benefits can be denied because of wrong or mistaken documentation. Denied applications can be appealed to the Board of the Veterans’ Appeals.
After receiving a denial notice from the VA, you have 1 year period from the date of your disability rating to register your disagreement. You have to file a written notice called “Notice of Disagreement (NOD) to the VA. This NOD must be in writing with details of rating decision date, expressing disagreement with rating and desire to appeal the decision. This NOD must be signed by you and sent to the VA office by certified mail with a request for return receipt.
VA will send the options of appealing. You can either review your rating decision with a Decision Review Officer (DRO) or appeal to the Board of Veterans’ Appeals. Going to DRO can give results quicker than that from the Appeals board. However, when the DRO does not alter the decision even after reviewing, you can opt for Board appealing but you would have lost time in waiting for the result from DRO. Hence, the rule is if the denial is due to factual errors, then go to DRO, or if it has legal issues, then appeal to the board directly.
You have to submit additional evidence (if any) within the 90 day limitation set by the board for the review of your application.
The board will send its decision in written form and the grants can be issued in one go or remand the office to pay it in parts.
When your application is denied, do not feel frustrated; instead take the help of an attorney as retaining an attorney during the first denial is allowed since June 2007. There are lots of professional veterans’ benefits denial lawyers who specialize in appealing such benefits denials. Approach one such attorney to get legal help so that you win your case and start receiving the benefits.