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

If your disability benefits claim has been denied by the Department of Veterans Affairs in Virginia, you have the right to request an appeal. Depending on the type of disability claim being appealed, the appeals process may vary. The most common type of appeal is a “Notice of Disagreement” (NOD). This type of appeal initiates a formal review of the VA’s denial of the claim. To file this type of appeal, an individual must submit a written statement to the VA that disagrees with the decision. Additionally, an informal hearing may be requested in order to present evidence, such as testimony and documents, to the Veterans Law Judge. The informal hearing may be done in person or over the phone. At this point, there are a few levels of appeal for denied claims: a Decisional Review Officer (DRO), Board of Veterans’ Appeals (BVA), and U.S. Court of Appeals for Veterans Claims (CAVC). The DRO reviews the initial claim denial and may overturn the decision. The BVA is the next level of appeal to be heard, where a new panel of judges review the claim and make a decision. Lastly, if still denied, the decision can be taken to the CAVC. Appeals for denied claims can be complicated and time consuming. However, it is important to understand the process and to exercise your right to appeal. It is also important to make sure to appeal within the required timeline so that your appeal is not denied solely based on the length of time in which you did not submit your initial appeal.

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

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