If your application for VA disability benefits is denied or you disagree with the disability rating by the Department of Veterans Affairs (VA), you have the right to file an appeal. However, the process for filing an appeal changed in 2019, and it is important to understand which procedures you must follow.
Filing an Appeal Before February 19, 2019
If you received a decision before February 19, 2019, that you want to appeal, you must follow the appeals process in place at that time. Here are important steps in the process:
- Notice of Disagreement. You start the appeal process by filing a Notice of Disagreement (NOD). You must file it within one year from the date of the letter from the Department of Veteran Affairs (VA) notifying you of their decision.
- Statement of Case. After you file your NOD, the Decision Review Officer will review your file, including any new evidence you submit. If the decision is not to fully grant your appeal, he will send you a Statement of the Case.
- VA Form 9. If you want to continue your appeal, you must file a VA Form 9 within 60 days of receiving the Statement of the Case. This form will be included with the statement.
- Board of Veterans’ Appeal. Your case will be sent to the Board of Veterans’ Appeals, and a judge will be assigned to decide your appeal.
- Hearing. You have the option of requesting a hearing. After it is completed, the judge will make a decision on your appeal.
Filing an Appeal Under the New Process
If you received your VA decision on or after February 19, 2019, you must follow the new appeals process. You have one year from the date of the decision to request a Board Appeal. You are appealing to a Veterans Law Judge at the Board of Veterans’ Affairs in Washington, DC.
You must complete the Decision Review Request: Board Appeal, which is VA Form 10182. You must choose one of three options for your appeal:
- Direct review. If you request the direct review appeal, you are asking for a fast decision. The judge reviews your file, but you are not allowed to submit additional evidence.
- Evidence submission. If you want to have new evidence considered that you did not file with your application, you can choose the evidence submission option. You must file any additional evidence within 90 days of the date the VA receives your Board Appeal form.
- Hearing. You also can request a hearing. It will be conducted at a VA office near you by a video conference with the judge. You can submit additional evidence within 90 days of the hearing but are not required to do so. This type of appeal takes the longest to complete.
Do you need to appeal a denial of your application for VA benefits? Our VA disability legal team is dedicated to fighting to obtain the VA benefits that you deserve. Take advantage of our free consultation to learn more about our experience in these cases and how we can assist you. Call us to schedule your appointment today.
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