You filed a claim for disability compensation with your Regional Office (RO) of Veterans Affairs.
You logged on to the eBenefits website relentlessly for months (if not years), tracking the progress of your disability claim. Then you receive the packet in the mail stating, that after all of that frustration and waiting, your claim has been denied. Now what?
You know that you need and deserve disability compensation, otherwise you wouldn’t have applied for it in the first place. You’re most likely angry and wondering how they just dismiss the evidence, your service, and the cost it has taken on your daily life. Know that you’re not alone in your frustration.
So what do you do? After the VA has denied your claim, it can be frustrating to hear that the only way to fight for your disability compensation is with one bureaucratically pushed paper at a time. It’s true though. If you want to receive the compensation you need and deserve, you’ll need to navigate your way through the VA’s bureaucratic process in order to file an appeal and hopefully get a favorable end result.
Don’t let anger cloud your vision
A denial of your claim does not mean that you are not eligible, so don’t believe that you will never be successful in pursuing your disability benefits. Data has shown that certain Veteran Affairs Regional Offices (VARO) have denied as many as 71% of their claims simply because of errors in processing.
Keep duplicate records and copies of everything
When dealing with the appeals process especially, only use certified mail, keep your receipts, and make sure that the paperwork that is sent to your VARO has to be signed upon receipt. This not only allows you know that the paperwork physically made it into someone’s hands, but you will also have proof that you met the filing deadline required for the paperwork in question.
Don’t expect it to go fast
Go into your appeal process knowing that it could take as long as 18 months or more. Receiving disability compensation is a long, slow process, especially when working from an appeal. Unfortunately, due to a massive backlog and rampant understaffing, “The oldest of these appeals was at the regional office for more than 4 years with no action by regional office staff to resolve the veteran’s appeal,” according to a May 2012 VA Audit done of 8 VARO locations. Managers at all of these audited locations claim that they don’t have sufficient staffing to process appeals in a timely manner.
Step 1: File a Notice of Disagreement (NOD)
The only way that you can start an appeal of your claim is by filing a notice of disagreement form (NOD) with your Regional Office (RO). Without this NOD form (pdf) you won’t be able to start the appeals process.
The NOD states that you disagree with the decision you received regarding your claim for disability compensation. The NOD form is the only way to begin your appeal process when you disagree with VA’s decision on your claim for disability compensation.
Step 2: Choose a type of review
The next step in the process is deciding whether or not you want to have a decision review officer (DRO) or a traditional review. Read the fine print of your denial letter, and take action immediately. Current VARO procedures allow veterans 60 days to decide whether they want a Direct Review Officer assigned to their appeal or a traditional review of their appeal. After those 60 days you lose all choice in the process.
So which should you choose? A traditional review of your appeal requires a rating staff member to analyze your claim file for completeness, accuracy, and any errors. They will review all of your evidence and paperwork. They are the one reviewing your file, but they do not have the authority to change the decision unless regional office staff made a clear and unmistakable error, or they identify new material evidence.
Step 3: VARO Review of your claim
If you choose a DRO, they will conduct a “de novo review” of your claim, meaning that they will completely review every bit of evidence, arguments, and paperwork in your file. All DROs are a senior claims examiners who have the authority to reverse, uphold, or make a different decision on your claim.
If you choose a traditional review, your claim will be reviewed either by a DRO or a rating veterans service representative, who will only be allowed to reverse a decision if there is a clear and unmistakable error. It is their job to prepare a rating decision after they review your appeal.
Step 4: They make a decision
If the appeals staff deny that there are any issues with their original decision and claim that any new evidence submitted has no bearing on their decision, they will then prepare and issue a Statement of the Case (SOC), which essentially tells you why they have rejected the reasons behind your NOD claim for an appeal.
Step 5: VA Form 9
The SOC will also provide you with a VA Form 9 which is an Appeal to the Board of Veterans’ Appeal. If you still disagree with the ruling on your disability benefits, then you have to submit the VA Form 9 for further consideration by the VARO staff. You should use this form to explain why you still disagree and also to offer further support or evidence of your case.
Note: The appeals process has a continuous open record, meaning that you may submit new supporting evidence or additional information for the appeals staff to review for the case at any time. Any new evidence will lengthen the time spent before a decision is made though, since each piece of evidence requires a new Supplement Statement of the Case (SSOC) decision, which sends your appeal back in line in the process. So try to submit all supporting evidence of your case early and altogether. If you condition worsens though, or new evidence presents itself, then always submit new medical records and diagnoses to support your claim.
Step 6: Board of Veterans Appeals
If the appeals staff still cannot decide in your favor, then they will certify that your appeal has been sent to the Board of Veterans Appeals (BVA) for their review of your claim. The BVA will either grant your request, deny your claim, or remand your claim, saying that additional time or work is necessary before they are able to make a decision. Here are some tips for appealing a VA decision, but it is also recommended that you seek help from someone with appeals experience. Here is a list of Veterans Service Organizations you can turn to for benefits claims help.
Step 7: Formal Hearing with a Board Veterans Law Judge
25% of Veterans whose appeals reach the Board request a formal hearing before a law judge. The Veterans Law judge will discuss their appeal and review any new evidence. The Board Veterans Law Judges will make a final decision on your appeal.
The only option after a final decision is to take your appeal to federal circuit court.
This is listed as 7 steps just as a way to break apart the process. The VA appeals process for disability claims is a non-linear, continuous open record, process which is based in law that has accumulated for more than 80 years. This whole, multi-level of review process will take at least 3-4 years.
Accept the process or work to change it
If you want to have a better chance at a successful outcome, file your paperwork on time (one year deadline to appeal), submit all records yourself (don’t expect the VA to find them for you), and keep on top of the process. You may even want to consider hiring an attorney who is well-versed with VA appeals process. Until and unless they are able to successfully change the laws that bind the VA disability claim appeals process, you have no choice but to follow the bureaucratic paper trail.
If you want to try to make a change, contact your state representative and ask that they work towards an effective change in the process for appealing a decision on a veteran’s disability claim.
Sheila Berg says
Don’t go this maze alone! Get help from a Veterans Service Officer (VSO). They can be found at a Veterans Organization such as VFW, American Legion,DAV to name a few. They will file the paperwork with your permission. Don’t give up!
HorizontalMike says
I started that way with Texas Vets and then DAV. Neither did much of anything if YOU didn’t know what you wanted to file IN DETAIL and kept hounding them about it.
Save the heartache and get a good vet rep lawyer. Found mine adverting on hadit.com but I am sure there are other forums that can steer you in the right direction. Well worth the piece of mind, though be aware that that will not speed up the process.
HorizontalMike says
This article is ALMOST perfect! The only thing it lacks is advice to seek out LEGAL COUNSEL, AKA a VA rep Lawyer. Yes it will cost you 20% of any retro-check for disability, BUT and it is a BIG BUT!… The VA is well practiced at winning via attrition, you know… you get too tired to keep fighting, and the VA also has their own lawyers on the payroll.
In other words, DO NOT cheap out and think for a second that you can do this alone. The reality is that the VA knows WHO has a lawyer Rep. and and who does NOT have professional help.
Three years one month and counting… But I would do it the same again! Don’t let the B-turds win. ‘Nuff said.
Joyce says
I got my claim approved in less than seven months by relying on a cheaper option: the US representative that represents my district. No attorney needed.
Mark says
What do you do when he VA distroys your medical records to prevent the VA from getting in trouble, several years of medical records have vanished from the Kansa city possession they have used six different cover magic disappearance
Ryan Guina says
Mark, you should report this to the Inspector Generals office. Contacting your state officials may also be helpful. I also recommend keeping copies of all your military and medical records at all times. This ensures you have copies in case other versions are lost, damaged, incomplete, or destroyed.
Kelsey says
I have a mental disability, and all of this is a nightmare. I have no strength left to go through this insanely long appeal process. I’m about to lose EVERYTHING because of my mental health issues. I just feel that my life is falling apart.
Spike says
Total Nightmare here too. After two years and two months I found out the VA has denied most of my claim. They’ve awarded me a measly 10% for Tinnitus. They have denied my Diabetes, which was diagnosed during my retirement physical. They have denied my exposure to Tuberculosis which occurred in the middle of my first tour in Iraq. A full four years before retirement. They have denied my claim of bilateral knee arthritis which was diagnosed by an Army Flight Surgeon two years before I retired. And my list goes on. It’s as if they want to stop the clock on my “intent to file” so they won’t have to pay me 26 months of back compensation. They know I’ll appeal but they can start the clock over again and save themselves more money. Plus, I’m having trouble trusting the officers at the Veteran’s Service Office. They seem to be in on the grift as they work for the VA after all. Someone tell me I’m wrong.
Johnny P says
My problem is that I was in the process of a cross-state move while my VA claim was being decided. I was not aware that there is a one year deadline to file an appeal for a denied claim. I assume all claim decision information was sent to my old address. Now I can’t find an attorney to represent me because I can no longer appeal my denied claim. So I’m back at the beginning. Apparently VA disability attorneys will not represent you until you are able to appeal. Do I file a new claim? Why would I do that when I know it will be denied again? I give up. VA wins. The system was setup so they can win, otherwise they would be in debt.
Rob Thiede says
I feel the same. My claim was sent but I moved and could not contact the rep I was working with. Finally got a hold of him and found out that my claims were denied over a year ago but I was not informed. What are my options? Can I re-file? Or am I SOL.
David S Vega says
11 months waiting for a decision and today I get denied all of them. Not Service connected. Diagnosed with antisocial personality disorder while active in the Marines, 2 hospitalizations in the mental ward in 9 months, all documented, currently under treatment by VA and medicated for bipolar disorder and PTSD. Bilateral leg conditions well documented was on crutches 2 weeks and had a bone scan done. Currently in treatment by VA for my legs. Yet the say not Service connected. Pure manure! I’m on Klonopin as I write this because when I saw the notification I had a panic attack. I guess our service and sacrifice was worth crap. Yet I say, Semper Fi but to my fellow warriors and devil dogs not to this burocracy.
Good luck to all. I lost the battle but a Marine never retreats or surrenders. Now the war begins.
francis vidal says
I was told nothing was wrong with me yet given a reentry code of 3 meaning I would need to be medically cleared so if my knee was fine then why would I need to medically cleared? move forward 15 years and 3 more surgeries cpap at night but in pain all of the time and still have a rating of 0. the VA even tried to say I tripped when my achilis ruptured good thing I went to the civilian hospital and the report clearly states my knee gave out and caused my achilis to tear. just recently my civilian ortho noted severe deteration in my service connected knee and magically the VA saw no change since 2001. I gave up for many years but as my body fails and my quality of life continues to fail im ready to fight again and this time there will be NO giving up!
Chico says
It is a lot of strong minded veterans on here. My military career was sabotaged and covered up to make me look like I was not military material. I have the paperwork to prove it. Yet this happened 20 years ago. I was targeted so much that I suffered from ptsd for the last 20 years which began in the military. But my strength comes from within. And also my Heavenly Father above. They couldn’t break my will back then and today I’m in a position to put those who sabotaged me on display. Keep your heads up soldiers and never surrender what you deserve.
Paul R DeRousseau says
This article is outdated and should be removed from the website. it is inaccurate and is a disservice to veterans who read it and rely on the information contained. There is a new appeals process that does not involve filing a Notice of Disagreement. Please do your homework and disregard this blog.
Ryan Guina says
Hello Paul, Thank you for this note. The article was accurate at the time of publication. We will review this and update it to reflect the current process. I will need ot place this on my to-do list as I will be traveling over the next few weeks. But I anticipate being able to update this article in the next few weeks. Thank you.
Greg Pickard says
It’s better to refer to the general process and not try to get to specific because at the current time a Veteran could still Appeal under to “Legacy” NOD process depending on when their claim was denied. They might fall under the “Veteran Appeals Improvement and Modernization Act of 2017” but to explain the difference may be more than you intend for this page. Unless you have exact dates and circumstances of the claim, you will just confuse the Veteran. Best advice, go to a Veteran Service Organization (Amer. Legion, VFW, DAV etc), Lawyer or Claims Agent. Just don’t try to do it on your own unless you are very familiar with 38 CFR and legal procedures. Any just for giggles, this page was outdated even as of your last update in April 2019. The Appeals law changed in Feb 2019.