If you have had a claim for disability benefits denied by the United States Department of Veterans Affairs (VA), you have the right to request the Board of Veterans Appeals (BVA) review the decision on your claim.
While an applicant can file an appeal for any reason, most appeal a decision because they were either denied benefits for a disability they believe occurred during service or their disability is more severe than rated by the VA.
How to File an Appeal
There are several steps to follow in appealing a determination on a claim for disability benefits from the VA. To file an appeal, an applicant must adhere to the following process:
- Notice of Disagreement: The applicant submits a written statement explaining why they disagree with the decision and expresses their wish to appeal.
- Statement of the Case: The VA sends the applicant a document explaining the evidence, laws, and regulations used to determine the applicant’s claim.
- Substantive Appeal: The applicant completes an appeal form—the VA Form 9—and submits it to whichever VA office has the applicant’s records on file.
- BVA Evaluation: The Board of Veterans Appeals (BVA) evaluates the applicant’s appeal, decides on their claim, and issues a determination in the mail.
- BVA Hearing: If an applicant disagrees with a determination, they can go before a Board Member. The BVA may then remand the claim to a local office.
- Court of Appeals: If an applicant disagrees with a BVA hearing decision, they may file an appeal with the U.S. Court of Appeals for Veterans Claims.
You Have the Right to Counsel
An applicant for VA Disability Benefits has the right to have an attorney present at their evaluation, during their hearing, and in front of the court.
At Carter Mario Law Firm, our Connecticut Veterans Disability Benefits attorneys can help you prepare your appeal. We can handle your entire appeal—and will stand with you during every step of the process. Don’t face the BVA alone. Let Carter Mario help you get the full, fair disability benefits you’re owed.
Denied VA Disability benefits? Put experience on your side. Let Carter Mario Law Firm protect your rights. Call our experienced VA Disability Lawyers at 203-876-2711 today. The Carter Mario team offers decades of combined legal experience.
We provide 24/7 access—and our exclusive Zero Fee Warranty. With Carter Mario, you don’t owe any attorneys’ fees unless we recover on your behalf. It’s that simple. Call 203-876-2711 to find out how Carter Mario can help you today.
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