What Happens If Your Veterans Disability Claim Was Denied?

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What Happens If Your Veterans Disability Claim Was Denied?

Published on January 18th, 2017

If you apply for your veterans disability benefits only to be denied, this is not the end of the line; it is the beginning of the appeals process. You have one year from the date the notice of denial was dated to appeal VA disability claim denial. The process starts with submitting a NOD; Notice of Disagreement, to your local VA office.

What to include in your NOD:

It is not so much as to what you should include in your NOD, it’s what you shouldn’t include. Including all the reasons why you disagree with the decision to deny you benefits can actually have a negative impact on your appeal. Keep it simple, only communicate in general terms, by doing this you are not limiting yourself to issues, you can add to them later in the appeals process.
It is best to simply tell the VA that you are appealing their decision, you do not have to state why you believe they are wrong; all you have to do is go on record that you intend to appeal.

Even if you do include a number of reasons for appealing, make sure you add the caveat that your reasons for appealing are not limited to those noted in your letter.

The type of appeal:

When you appeal VA disability claim denial you have two options; DRO (Decision Review Officer) or BVA (Board of Veterans Appeal). If you decide to go with a DRO you can do this directly with your regional VA office. If you elect to go with a BVA you will have to wait until such time that the VA issues you with a case statement explaining in minute detail why the VA made the decision to deny benefits, this is something that often takes a great deal of time to get.
When you appeal using a DRO the appeal gets wound up much quicker than if you opted for a BVA. If the DVO does not overturn the initial decision to deny you benefits, you can still take your case BVA.

If you are unsuccessful in getting your disability benefits approved you need to engage an attorney to appeal VA disability claim denial. You are invited to contact Jackson & MacNichol Law Offices.

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