What is the process for appealing a denial of disability benefits?

The process for appealing a denial of disability benefits in South Carolina involves filing a “Notice of Disagreement” with the Department of Veterans Affairs (VA). This document must be filed within one year of receiving the decision from the VA that denied your claim for benefits. To begin, a Notice of Disagreement must be submitted to the VA Regional Office that is responsible for processing your claim. This document should include the date of the denial, the date of the decision letter, and the basis for the claim being denied. Once the VA Regional Office receives the Notice of Disagreement, it will forward the claim to the Board of Veterans’ Appeals in Washington, DC. The Board will review the evidence submitted, and decide whether the original decision should be reversed. If the Board of Veterans’ Appeals agrees with the denial, then you can appeal to the United States Court of Appeals for Veterans Claims. This must be done within 180 days of the denial. This court will review and decide whether the Board of Veterans’ Appeals applied the applicable laws correctly. You should consider seeking assistance from a trained veterans’ legal representative at each stage of the appeal process. These representatives know the law and the court system and can apply their knowledge to your specific situation. If you need assistance attempting to appeal a VA disability benefits decision in South Carolina, your local American Legion or Veterans of Foreign Wars post may be able to provide you with a referral to a suitable representative.

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What is the process for appealing a denial of disability benefits?

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