Have you been denied disability benefits? Or do you believe the VA should have given you a higher rating? In either case, you may want to file an appeal. The VA is overworked and often makes mistakes when investigating applications for disability benefits or disability ratings. If you’ve been denied benefits, Moebes Law is here to guide you through the appeals process.
VA Appeals Process
In most cases, you have one year from the date the Rating Decision is mailed to you to appeal. To start the process, you must send your local VA Regional Office a letter, called a Notice of Disagreement (NOD), which states that you disagree with the decision and why.
Statement of Case
Within a year or two after the VA Regional Office receives the NOD, they will send another decision called a Statement of the Case (SOC). The SOC is a detailed explanation of why and how they came to their decision on your claim. It will include all the evidence, laws, and regulations that factored into making the decision.
VA Form 9 (Substantive Appeal)
If you want to appeal the SOC decision, you can file a VA Form 9 (Substantive Appeal) to the Board of Veterans’ (BVA) in Washington, D.C. Be sure to state the specific benefits you are asking for along with any mistakes in the SOC. You must submit the form within 60 days from the date the SOC was sent to you.
The BVA will send you a decision which can be yes, no or a remand. A remand is issued when the board doesn’t have enough information to make a decision and the claim is sent back to the local VA office.
Court of Appeals for Veterans Claims
You can file an appeal with the Court of Appeals for Veterans Claims in Washington, D.C. if you are not satisfied with the BVA decision. The Court of Appeals for Veterans Claims is a formal appellate court, and the form and process to appeal is complex. It is highly suggested that you do not attempt to file this appeal without legal assistance.
Veterans’ Services at Moebes Law
As you go through the process, we recommend you work with an attorney. This will help ensure you hit every deadline and properly complete all the necessary paperwork. By turning to Moebes Law, we can guide you through the process and work with you to ensure you have the highest chance of success.
Call (404) 354-5432 to schedule your free consultation today.