Being denied veterans benefits by the Regional Office can feel like the end of the world, but it doesn’t have to be. If you have served your country and feel you have been wrongfully denied the benefits that you deserve, you have the option of filing a formal appeal. The process can be lengthy, and the Board of Veterans Appeals may take up to two and a half years to reach a final decision. If you feel overwhelmed, consider working with a disability lawyer who can help you through the process and maximize your chance of winning the veterans benefits you deserve.
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How to File a Veterans Benefits Appeal with the Board of Veterans Appeals
The first step in filing an appeal if you have been denied veterans benefits is to send a Formal Appeal to your Regional Office using the VA Form 9. This appeal will be certified and docketed by the Board of Veterans Appeals. You will receive a confirmation from the BVA, as well as a further explanation of the appeals process and any estimated delay in considering your case.
Before the BVA makes any decision on your claim, you will be given the option to submit additional evidence. This is an excellent opportunity to submit more material that may support your veterans benefits appeal at a personal hearing. The actual hearing can take place via video feed, at your Regional Office, or even in Washington, DC. You can appear alone, but you can also choose to be represented either by a veteran service officer or a long-term disability lawyer. A qualified disability denial attorney can be a great help in preparing you and your case for success in the personal hearing.
The BVA will eventually issue one of three decisions: to deny the claim, remand the claim for further development, or to grant the claim. If your appeal is granted, congratulations!
For a free legal consultation, call (800) 562-9830
What if I Am Denied Veterans Benefits by the BVA?
If the BVA denies your appeals claim, you may move up the chain and file an appeal to the Court of Appeals for Veterans Claims. It is crucial to file this second appeal within 120 days after receiving the BVA’s decision. Don’t be discouraged if your case moves up to this second level. Although the veterans disability claim process can be long and difficult, there can be immense long-term benefit to filing an appeal if you have been denied veterans benefits.
