Every veteran has the right to submit an appeal of the decision made by their VA Regional Office if they believe their disability claim was unfairly judged. Within one year of receiving an unfavorable review of your medical disability claim a veteran can file a Notice of Disagreement (NOD). At this time a Decision Review Officer should be requested to evaluate the case as well.
Appeal Process Summary:
- Notice of Disagreement (NOD) by the veteran.
- Request a Decision Review Officer by the veteran.
- A Statmente of Case will be provided by the VA.
- Complete a Substantive Appeal Form, VA Form 9 by the veteran.
- A hearing before the Board of Veterans Affairs (BVA).
At the hearing before the Board of Veterans Affairs (BVA) it will be crucial to provide evidence in support of the veteran's disability claim.
The entire appeal process is complicated and full of strict deadlines. It is wise to consult with a private attorney, experienced with veteran’s affairs, to possibly assist with the completion of the necessary forms within the VA deadlines. A private attorney will also be able to build a strong case with essential documentation pertinent to the disability claim.
The average time for an appeal to be completed is over 900 days, a maddening amount of time. But most appeals submitted to the BVA are either granted or the disability rating is re-evaluated, especially with the assistance of an experienced attorney. If any veteran has received an unfavorable rating to a disability claim from their VA Regional Office, contact our firm for advice about the appeal process.