Has your claim for VA disability benefits been denied by the Department of Veterans Affairs (VA)? Now is the time to appeal the decision with help from the Spencer Law Firm. For decades, our law firm has helped clients get the government disability benefits they deserve — even after their applications for disability benefits have been denied.
There are several steps in the process of making and appealing a VA claim for veterans' disability benefits.
1. You make the original application at your local regional office of the VA. The regional office will send you a decision, called a Ratings Decision. If you are unhappy with the Ratings Decision, you may file a Notice of Disagreement with your regional office within one year of the Ratings Decision.
2. When you file the Notice of Disagreement, you may request a personal hearing and second review of your case by a Decision Review Officer from the regional office. A personal hearing allows you to provide testimony and a chance to add additional insight to your case to persuade the Decision Review Officer. This hearing process is fairly informal.
3. After the hearing, the Decision Review Officer will issue a Statement of the Case (SOC). You may submit additional evidence if you believe the SOC does not completely present your argument that you have a valid VA claim.
4. If the decision is still unfavorable, you may appeal to the Board of Veterans Appeals (BVA). This appeal must be submitted to your regional VA office within 60 days from the SOC or one year from the Ratings Decision. At this stage, you have the opportunity for another hearing, this time before the BVA. Again, this hearing will be relatively informal.
5. It can take a very long time to receive a decision from the BVA. The BVA decision may grant you benefits, send your case back to the regional office for a new decision, or issue a denial of benefits. If the BVA denies your claim for VA benefits, then you may file a final appeal before the United States Court of Appeals for Veterans Claims. You must file this appeal within 120 days after the BVA decision.
Please contact us today for a free consultation. We would be glad to help you through, what can seem like, an overwhelming process.