What is the process for appealing a denial of disability benefits?
The process for appealing a denial of disability benefits for veterans in Delaware is complicated but important. The first step in appealing a denial is to file a Notice of Disagreement (NOD) with the Veterans Benefits Administration (VBA). This NOD must be filed within one year of the date of the denial. After the NOD is submitted, the VBA will then send a Statement of Case (SOC) within 60 days of receiving the NOD. Once the SOC is received, a veteran has 60 days to submit additional evidence, or a Statement of Substantive Appeal (SSA). The SSA is a written statement explaining why the veteran believes they should receive benefits. Next, the veteran can choose either to have a hearing before a Decision Review Officer (DRO) or to have the appeal decided in writing by the Board of Veterans’ Appeals (BVA). The DRO hearing gives the veteran the opportunity to present evidence and argument. If the veteran chooses the BVA option, the BVA will issue a decision based on the evidence and arguments already submitted. Whichever option the veteran chooses, the decision will be reviewed by the Court of Appeals for Veterans Claims (CAVC). If the veteran is still dissatisfied with the results, they can petition the Supreme Court of the United States to review the decision. Overall, appealing a denial of disability benefits in Delaware can be a lengthy process. However, it is important that veterans understand their rights and the process to ensure that they are compensated for their sacrifices and injuries.
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