Filing for Disability With the Board of Veterans

Someone filing for disability with the Veterans Administration (“VA”) faces a rather straightforward process. The claimant submits a claim with any supporting paperwork that justifies the receipt of benefits to their local VA office.

But sometimes, there can be difficulties. A VA claims examiner can decide that the applicant is not eligible for the receipt of disability benefits. The reasons for a denial vary: missing or incomplete information, a disagreement as to the extent of a particular condition, etc.

Contesting a Denial of Benefits

A denial of benefits can be a very serious situation to someone who needs those benefits. But such a denial does not mean the end of the matter. That is because a denial of benefits can be overturned if, within a year of the denial of benefits, a claimant submits a Notice of Disagreement with their local VA office. After the VA has received a claimant’s Notice of Disagreement, they will send two documents: a Statement of the Case, which states how and why the VA denied the claim, and a VA Form 9. The later form requests the desired kind of review: consideration by a Decision Review Officer and/or an appeal lodged with the Board of Veterans Appeals.

Review by a Decision Review Officer

A claimant can ask that a Decision Review Officer at the local VA office take a look at the denial decision. This kind of review allows the claimant and their advocate to talk with the Decision Review Officer during the review process. There is even a possibility of a reversal of the denial (thereby granting the claim for benefits), without the need for a hearing. If there is a hearing, the claimant should prepare well in advance, and make sure that they have the necessary paperwork and witnesses. The hearing itself is not as formal as a courtroom trial, although the claimant is expected to make some kind of presentation. After the hearing, the Decision Review Officer will issue a decision and send a copy to the claimant.

Appeal to the Board of Veteran’s Appeals

A claimant can request an appeal via the Board of Veteran’s Appeals, either during or after an unsuccessful review by a Decision Review Officer. Although the Board of Veteran’s Appeals are located in Washington. D.C., a claimant can also participate in a appeal hearing either via teleconference or by a hearing with a visiting Board member at the local VA office.

Get Legal Assistance

Given the stress of trying to undo the denial of needed benefits, and the applicable administrative rules and policies, a knowledgeable advocate, such as an attorney skilled in disability and administrative law, can give a claimant the best chance to ultimately secure the disability benefits they deserve.