After learning that your VA disability claim has been partially or entirely denied, it’s crucial to understand how to appeal the decision. Appealing a claim denial is a complex process, but VA disability appeal lawyers can help.
Getting the NOD
The claim appeals process starts when you file a NOD, or notice of disagreement, with the VA’s regional office, which is probably the same office that sent the denial notice. You must file the NOD within 365 days of sending the denial notice, and that date will probably be different from the date you receive it.
Stating the Case
If the VA’s regional office doesn’t grant the claim after filing a NOD, they’ll prepare a Statement of Case. This document summarizes the office’s decision to deny your benefits. VA disability appeal lawyers will help you understand this document and decide what to do next.
Filling out Form 9
After reading the Statement of Case, you have the option to appeal the claim further. Your attorney will help you gather, fill out, and file the VA’s Form 9 and submit it to the regional office. At this time, the office may deny or approve the claim. If it’s denied again, the form will be sent to the appeals board for another decision.
The Court of Appeals
Once the board studies Form 9, they’ll make the final decision on your claim. If the denial is confirmed, your next step is to forward the appeal to the Veterans Claims Court of Appeals. With continued denials, you may take the case all the way to the US Supreme Court.
Simplifying the Process
As you can see, the claims and appeals processes can be confusing, time-consuming, and frustrating. VA disability appeal lawyers will make the process simpler and easier to understand. Visit us to learn more about the process or call the Jackson & MacNichol Law Offices to request a consultation.