How Do I Appeal a Denial?
After you submit your application for VA disability benefits with your local regional VA office, you will receive a ratings decision. If you believe your disability rating is too low or your effective date is not correct, you can appeal. Our attorneys can help you prepare a Notice of Disagreement requesting a personal hearing and second review of your case. If you receive a denial, we can appeal your claim to the appropriate regional office of the VA and, if necessary, to the Board of Veterans' Appeals (BVA).
At the Law Offices of Coats & Todd, we represent veterans throughout Texas and the nation who are appealing their VA disability benefits claims in federal court. We have attorneys who are accredited by the VA to handle your claim. For a free initial consultation, please call 800-856-1031 or contact us online today.
The VA Appeals Process
Typically, the BVA will review the record of your case from the regional office review and make a decision based on that evidence, although you may submit new evidence. The BVA may award disability benefits to you, affirm the regional office decision or remand your case to the regional office. If the BVA upholds the regional office decision, however, you may appeal the decision to the United States Court of Appeals for Veterans Claims (USCAVC) within 120 days. At this stage, the administrative process is over and the appeal becomes a civil action handled in U.S. Federal Court.
Most often, when claims proceed to the USCAVC, it is because of an error of law made by the BVA. The USCAVC reviews the claim to determine whether the VA followed the proper procedure when making its decision. If the USCAVC finds that statutes and regulations were applied incorrectly in the determination of the claim, it may remand the claim to the BVA for additional consideration.
If the USCAVC denies your claim, you may appeal the decision in the United States Court of Appeals for the Federal Circuit, but appealing at this level is rare. Although possible, it is far rarer for a claim to be appealed to the United States Supreme Court.
Contact a Fort Worth VA Claims Lawyer
To make an appointment, please call 800-856-1031. We represent veterans in the Dallas-Fort Worth area as well as veterans who live in other states. Your initial consultation is free.