If you have been denied Veterans Administration (VA) disability benefits, you will understandably feel frustrated and angry. The good news is that you have the right to file a VA disability appeal to obtain the benefits to which you feel entitled. Here is some information on how the process works.
Table of Contents
What to Do If You Receive a Denial Letter From the VA
You might have already received a letter from the VA saying your application for benefits has been denied. If that is the case and you want to appeal, you will have a year from the date of the letter to do so.
First, you will need to send the VA an official Notice of Disagreement in which you will tell them you do not agree with its decision. All you need to say is that you disagree. You do not need to list all the reasons why. Simply inform the VA of your disagreement and tell them you intend to appeal the decision. Just remember to include the date on your denial letter and specifically mention the words “Notice of Disagreement.” Make a copy and send the letter via certified mail.
Filing a VA Disability Appeal
As you might expect, the process of actually filing your VA disability appeal is fairly involved. You will first need to determine the kind of appeal you want to pursue. You can choose a DRO (decision review officer) appeal at your local VA office or make a direct appeal to the Board of Veterans Appeals. If you choose the latter, you will have to wait for a document known as a “Statement of the Case” to be issued by the VA. This document details the VA’s decision to deny your benefits. Be prepared, however, to wait a long time for that statement to arrive. Your best option may be to make a DRO appeal — it is not only faster, but you can always make an appeal to the Board of Veterans if the first appeal fails.
The VA disability appeal process can be complex and frustrating. However, the professionals with KBG Injury Law can take some of the pressure off of your plate, and we might also be able to increase your chances of finally receiving benefits. Contact us online or call 717-848-3838 for more information on how we might be able to help.