What is the appeals process for a veterans disability claim?
The appeals process for a veterans disability claim in California begins with an appeal to the Board of Veterans’ Appeals (BVA). After filing a Notice of Disagreement (NOD) with the regional VA office, the claimant will then receive a Statement of the Case (SOC). This document contains the VA’s explanation of why it denied the claim. The claimant will then have 60 days to file a Substantive Appeal with the Board of Veterans’ Appeals (BVA). Once the BVA receives the appeal, they will review the evidence and make a decision. If the BVA denies the claim, the claimant can then file an appeal to the United States Court of Appeals for Veterans Claims (CAVC). The CAVC will review the evidence and make a decision. The CAVC’s decision can be appealed to the United States Supreme Court, but this is rarely done. It is important to note that the appeals process can take a long time and many claims can take several years before being resolved. Additionally, it is important to keep in mind that the VA is not required to consider new evidence presented after the NOD or SOC was filed. Therefore, it is important to ensure that all relevant evidence is included in the initial claim.
Related FAQs
What is a presumptive service-connected disability?Can I receive benefits if I have multiple disabilities?
What is veterans disability law?
How do I apply for additional disability benefits?
Are veterans disability benefits paid retroactively?
What additional benefits will I receive if I am rated 100% disabled?
How can I find a veterans disability lawyer?
What legal assistance is available for veterans filing for disability benefits?
What is extra schedular or ‘special’ ratings?
What happens if I miss a deadline?
Related Blog Posts
What Veterans Need to Know About Applying for Disability Benefits - July 31, 2023A Breakdown of the Most Common Veterans Disability Law Questions - August 7, 2023
Appealing an Unfavorable Veterans Disability Decision: What to Know - August 14, 2023
Understanding the Eligibility Guidelines for Veterans Disability Benefits - August 21, 2023
Winning Your Veterans Disability Claim: Tips and Tricks - August 28, 2023