As a disabled veteran, you have the right to claim benefits. If you presented a claim, only for it to be denied, you also have the right to appeal. Many veterans will turn to a veterans disability lawyer for assistance at this stage. You have one year from the date you received notification that your claim was denied to appeal.
If you wish to appeal, you will have to submit a Notice of Disagreement. There is no specific government NOD form.
What to include in your NOD:
When you advise the VA that you disagree with their decision, it may not be to your advantage to list all the reasons. If your letter is kept rather general, you can add issues later on. If you list all the issues, this may be difficult. What is important at this stage is that you have stated that you will appeal the decision to deny you benefits.
There are two ways to appeal; direct to a decision review officer at your local VA office or the Board of Veterans Appeals. You can expect a quicker response if you appeal to your local DRO if the DRO does not reverse the original decision you can then raise your appeal to the BVA.
What happens next?
If you opted for a DRO appeal, you can expect to be asked for complete information regarding that part of the decision you take exception to and want to have reviewed. If you have asked for a hearing, it will be scheduled after the DRO has received the information they requested.
If you decided to go directly to the BVA, expect to be provided with a summary of why the initial decision was what it was. Once you receive this summary, you have 60 days to file your appeal. The appeal documents are complex; you may wish to consider getting assistance from a VA disability lawyer.
If your claim for benefits was denied, you have the right to appeal. It can be complex to appeal a VA disability claim, a lawyer can be very helpful. You are invited to discuss your claim with Jackson & MacNichol, Attorneys at Law.
