Address to the Board of Veterans Appeals
It is not unusual for the VA’s Regional Offices to make errors when overlooking veterans’ disability benefits claims. As a result, the VA may falsely reject a Veteran’s claims or even provide benefits at the wrong percentage.
If in fact, you disagree with the VA’s rating decision, you have the choice to appeal. This first appeal is called a Notice of Disagreement (NOD). If for any reason the Veteran is denied the disability benefits they desire, the Veteran may appeal his or her case to the Board of Veterans Appeals (BVA). Once the appeal is sent to the BVA, an administrative judge will reassess the VA’s decision for mistakes. This gives the Veteran a chance to prove to the BVA the VA Office neglected to acknowledge vital details or there was misuse of the law.
What Is the Notice of Disagreement?
A Notice of Disagreement needs to be filed with the VA Regional Office withing a year of the VA’s decision. To do this the Veteran needs to submit the VA form 21-0958 and mush include details regarding the why you believe the VA’s decision was in error, or they provided the wrong disability rating.
There is the potential Veterans may have to take further action prior to the VA receiving the Notice of Disagreement. In some cases, you may have to send proof to the VA that backs your claim. For example, a statement from a service member who witnessed the injury and provide location, date, time and the state of affairs around the incident.
The BVA Appeal Timeline
Once the VA Regional Office receives a Veterans NOD, they will send a Statement of the Case (SOC). During this process, the SOC analyzes the evidence, regulations, and laws the VA used in their claim decision. To move forward the Veteran will need to fill out VA Form 9 with the Statement of the Case.
Once the Veteran completes this form, within 60 days after sending the SOC they are required to send it back to the Regional Office.
- Once the VA Form 9 is sent the review officer will send you a 90-day letter saying the BVA received the case. At this point you have 90 days to provide more evidence for the BVA to review your claim.
- Appealing to the BVA is considered the second phase in the appeals system. This process is referred to as “substantive appeal.” Now a Veterans Law Judge will see your case de novo or reevaluate it.
- When presenting your case, the veteran needs to point the following:
- Why the veteran appealed the specific claims.
- What disability rating is correct for the veteran.
- How the VA Office inaccurately applied the law or, what details it got wrong.
- All issues produced on appeal.
- Why the Veteran is dissatisfied with the office’s ruling.
- Veterans can ask for a hearing before the BVA. But keep in mind it is important to consult a lawyer because requesting a hearing may slow down the adjudication of your claim. In this case Stephen Brodsky will successfully guide you on whether to ask for a hearing.
- Once the BVA looks over all evidence presented, they will:
- Reverse the decision and provide their own ruling.
- Confirm the VA Office’s original decision.
- Send back the claim to the VA Regional Office for additional case evaluation.
- Provide a decision that is a combination of some or all the above.
- The BVA will make a decision if the BVA believes they have everything necessary to come to a final conclusion.
How Can VA Disability Benefits Attorney Stephen Brodsky Help You Appeal?
Mr. Brodsky will guarantee your appeal effectively explains the Veterans case and gives the BVA all information necessary to make a decision on your claim. Stephen Brodsky will offer Veterans the confidence and security they need to know their claim is handled with care and any wrong information provided will be addressed. As your representative he will explain exactly why you need the benefits.
You are in good hands with Stephen Brodsky because he fully understands what is necessary to prove a Veteran endures an injury or illness that is related to their service. With 27 years of experience, Stephen Brodsky has made established himself as a trusted ally and legal representative for disability benefits Veterans. Contact us now for your free consultation.