Appeals of VA Claims Decisions
Special Note: If no matter what type of claim, and/or claims that you have submitted to the VA for consideration(s) to be approved and/or for a higher up graded for your VA Compensation or pension (%) percentage, if you are not satisfied with your VA Claim decision: You have a right to appeal !
Veterans and other claimants for VA benefits have the right to appeal decisions made by a VA regional office, medical center, or National Cemetery Administration (NCA) office. Typical issues appealed are disability compensation, pension, education benefits, recovery of over payments, reimbursement for unauthorized medical services, and denial of burial and memorial benefits.
A claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for a claimant to file a written notice of disagreement with the VA regional office, medical center or NCA office that made the decision.
Very Important: When filing a writer notice of disagreement: It might be in your best interest to: (a). carefully read and understand why your claim was denied, or you were given, not the satisfaction for what you applied for. (b). when writing your Notice, it might be very helpful and beneficial, to make very sure in your notice letter, to clearly, and specifically address the issue (s) of the reason(s) for the VA denial of your request(s), also submit as much supportive documents, letters of support, etc.Please see on this web site:1st time claim filing, tell your story for helpful tips writing notice
Following receipt of the written notice, VA will furnish the claimant a
“Statement of the Case” describing what facts, laws, and regulations were used in deciding the case. To complete the request for appeal, the claimant must file a “Substantive Appeal” within 60 days of the mailing of the Statement of the Case, or within one year from the date VA mailed its decision, whichever period ends later.
Board of Veterans’ Appeals .
The Board of Veterans‘ Appeals makes decisions on appeals on behalf of the Secretary of Veterans Affairs. Although it is not required, a Veterans service organization, an agent, or an attorney may represent a claimant. Appellants may present their cases in person to a member of the Board at a hearing in Washington, D.C., at a VA regional office or by video conference.
Decisions made by the Board can be found at www.index.va.gov/ search/va/bva.html. The pamphlet, “Understanding the Appeal Process,” is available on the Website or may be requested by writing:
Mail Process Section (014), Board of Veterans‘ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.
Appeals of VA Claims Decisions
U . S .Court Of Appeals for Veterans Claims.
A final Board of Veterans’ Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims, an independent court, not part of the Department of Veterans Affairs.
Notice of an appeal must be received by the court with a postmark that is within 120 days after the Board of Veterans‘ Appeals mailed its decision. The court reviews the record considered by the Board of Veterans’ Appeals. It does not hold trials or receive new evidence.
Appellants may represent themselves before the court or have lawyers or approved agents as representatives. Oral argument is held only at the the direction of the court. Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and may seek review in Supreme Court of the United States.
Published decisions, case status information, rules and procedures, and other special announcements can be found at http:// www.uscourts.cavc.gov/. The court’s decisions can also be found in West’s Veterans Appeals Reporter, and on the Westlaw and LEXIS online services. For questions, write the Clerk of the Court, 625 Indiana Ave. NW, Suite 900, Washington, DC 20004, or call (202) 501–5970.
Special Note: please, remember it is up to you to take your claim as for as you can take your dissatisfaction claim decision. Also it might be to your best interest, and benefit to seek a Veteran Attorney to represent you for a greater chance of winning your claim.
Continue to check out this web site, www.vetsguide.net, for a Veteran Attorney, we at vetsguide.net is in the process of listing Veteran Attorney.
Also, check out this web site for other important Veteran, News, Information, Vets resources connections for help and where to turn when in need. Good Luck, God Bless, Thank you for your service !