Steps to Appeal a VA Disability Denial

Step 1: Review the Denial Decision

Before proceeding with an appeal, thoroughly review the VA’s denial letter to understand the reason your claim was denied. The VA will provide a detailed explanation, including the specific reasons for denial, and outline the next steps. Some common reasons for denial include:

• Insufficient medical evidence
• Not meeting the VA’s disability rating criteria
• Discrepancies in your service records or military history
• A lack of connection between your disability and military service

Identifying the reason for the denial will help you address the issue effectively in your appeal.

Step 2: Decide Which Appeal Option to Choose

The VA offers several options for appealing a disability denial, and it’s important to select the one that best suits your case. Here are the primary appeal options:

• Higher-Level Review: You can request a higher-level review by a senior VA official. This review does not require submitting new evidence, but you can submit a statement explaining why you believe the decision was incorrect. The reviewer will not re-examine the facts of your case but will look for any errors in the original decision.
• Supplemental Claim: If you have new and relevant evidence to support your claim, you can file a supplemental claim. This option allows you to submit additional evidence that was not considered during the original review of your case. A VA official will review this new evidence and issue a decision.
• Notice of Disagreement (NOD) and Board Appeal: If you disagree with the VA’s decision, you can file a Notice of Disagreement (NOD). This initiates an appeal to the Board of Veterans’ Appeals (BVA), where a Veterans Law Judge will review your case and make a decision. This option may involve a hearing, where you can present new evidence and make your case in person.

Step 3: Gather New Evidence

One of the most important aspects of appealing a VA disability denial is presenting new and relevant evidence to support your case. This could include:

• Medical records: Provide updated medical records from your doctors or specialists that show the severity of your disability and how it relates to your military service.
• Service records: If there are gaps or discrepancies in your military service records, request corrections or additional documentation that supports your claim.
• Expert opinions: If needed, consider obtaining statements from medical or vocational experts who can help validate your disability or explain how it affects your ability to work.

Step 4: Complete the Appeal Forms

To begin your appeal, you’ll need to complete the necessary forms, which depend on the type of appeal you’re filing. For example:

• VA Form 21-0958: If you’re filing a Notice of Disagreement (NOD), this is the form you’ll use to officially disagree with the decision.
• VA Form 20-0996: For a higher-level review, use this form to request that a senior official review your claim.
• VA Form 20-0997: If you’re submitting a supplemental claim, use this form to provide new evidence.

Ensure that all required forms are filled out correctly and that you include all necessary documentation to avoid delays.

Step 5: Submit the Appeal

After you’ve completed the appropriate forms and gathered all supporting evidence, submit your appeal to the VA. You can submit it online via the VA’s website, through mail, or at a local VA office. Keep copies of everything you submit for your records.

Step 6: Be Patient During the Appeal Process

The VA’s appeal process can take time, sometimes several months or even years, depending on the complexity of your case and the volume of appeals the VA is handling. While waiting for your appeal decision, it’s important to:

• Stay organized: Keep track of deadlines, documents, and any communication you receive from the VA.
• Follow up: If you haven’t received an update in a while, don’t hesitate to follow up with the VA to check on the status of your appeal.

Step 7: Attend a Hearing (if applicable)

If your appeal reaches the Board of Veterans’ Appeals (BVA), you may be scheduled for a hearing before a Veterans Law Judge. This is your chance to present your case in person, submit additional evidence, and answer any questions the judge may have. Having legal representation during this phase can significantly improve your chances of success.

Step 8: Consider Getting Legal Help

While you can appeal a VA disability denial on your own, it can be extremely helpful to have legal representation. A veterans’ disability attorney or accredited representative can:

• Help you navigate the complex VA claims and appeals process
• Ensure that all required evidence is submitted and presented effectively
• Represent you at hearings before the BVA
• Improve your chances of obtaining the disability benefits you deserve