The Department of Veterans Affairs offers a range of great benefits for citizens of the United States of America who have served in the armed forces. However, there will always be cases in which deserving individuals are denied benefits. It is for this reason that there is an appeals process set in place.
If you would like to dispute a decision by your local VA Region Office then the first step is to submit a Notice of Disagreement (NOD). A NOD is a written document that begins the appellate process; it is submitted to the regional office that made the decision in question. The NOD should very clearly specify the case that you are disputing as well as the date it took place on. The document should be submitted as soon as possible to avoid any deadlines.
Once the NOD has been submitted it will be reviews by a Decision Review Officer (DRO) who has the power to alter the decision. The DRO will review the decision with no input from the regional office and will make his own, separate decision. You have the option to either meet with the DRO or submit a written letter explaining your specific situation and why you disagree with the initial judgment.
Should the DRO agree with the previous decision, you will have to take your appeal to the VA Board of Veteran’s Appeals (BVA). However, you must first build your case. Do this by reviewing your Statement of the Case (SOC) and Supplementary Statement of the Case (SSOC). The documents contain the evidence, laws, and regulations used to make the decision in question.
Once you have reviewed the information in the SOC and SSOC, submit a VA Form 9 with your regional office. This form will be sent to the BVA who will review it and make a decision. You have the option to have a personal hearing with the BVA during this time. Should the BVA refute your claim, you are left with one option, the Court of Appeals for Veterans Claims (CAVC)
The CAVC was designed to review decisions made by the BVA. You can submit a Notice of Appeal to the CAVC within 120 days of receiving a decision from the BVA. You will then be given a court date. It is highly recommended that you hire an attorney to represent you.
Do not consider the information presented here to be legal advice. When you need help appealing a VA decision, contact a lawyer in your area.
