Veterans filing for VA disability benefits must follow a rigid administrative procedure when attempting to prove a service-connected disability. If a veteran receives an unfavorable decision after their initial application from the VA Regional Office, the veteran must be careful to follow the following steps. Some of these steps are optional and some are not. Knowing which is the key when it comes to veterans’ disability claim procedures. The steps to appeal are:
1. Notice of Disagreement
The NOD is simply a written statement that the veteran disagrees with the decision. It must be filed within one year of the letter informing the veteran of the rating decision. If one year has past, the veteran can file another claim or request to reopen the claim if they have good cause.
For a free legal consultation, call 800-562-9830
2. Statement of the Case (SOC)
A SOC is a summary of the evidence considered, actions taken, decisions made and the laws governing the decision provided by the VA once an NOD is filed. If additional evidence is submitted, a Supplemental Statement of the Case (SSOC) will be filed. An appeal may have more than one SSOC.
3. Formal Appeal (VA Form 9 or equivalent)
VA Form 9 is the standard form for perfecting an appeal. It must be received by the VA no later than one year after the rating decision or 60 days after the SOC.
Click to contact our disability lawyers today
4. Hearings at the RO or BVA (optional)
Hearings are optional but give the veteran and his or her representative the opportunity to present evidence in person. Depending on the RO, there is a considerable wait for a hearing. If the hearing does not resolve the issue, the appeal continues.
Complete a Free Case Evaluation form now
5. Appeal to the Board of Veterans’ Appeals (BVA)
The BVA is located in Washington; D.C. Hearings are available in D.C., by video at the RO and by traveling board judges. Again, these hearings are optional. The BVA will either issue a decision or remand to the RO. Currently, it is taking about 2 years for an appeal from the NOD to the BVA.
6. US Court of Veterans’ Appeals for Veterans’ Claims (CAVC)
Once the BVA issues a final decision, this decision can be appealed to the Court within 120 days. The CAVC is not part of the VA; it was created in 1988 as an appellate court to review procedural and legal issues. This appeal generally takes at least a year.
7. Appeal to the Federal Circuit Court of Appeals
A decision from the CAVC can be reviewed by the Federal Circuit. The VA considers this controversial and has considered eliminating this step in the appeals process.
For more information about Veterans Disability claims and other procedures, call one of our veteran disability attorneys today.
Call or text 800-562-9830 or complete a Free Case Evaluation form
