The VA appeal process can be daunting to those who are not experienced. Strictly enshrined in law, the VA appeal process differs to others in the way it is structured. We would like to give you a brief outline of the process, and how it works, so let’s get started.
The Process in Steps
To begin your appeal we strongly recommend you engage the services of a VA appeals lawyer who specializes in this area of the law. They will be able to ensure your appeal runs smoothly and give you the best chance of a successful appeal. In brief, here are the steps involved:
- File a Notice of Disagreement within a year of the date of the letter rejecting your claim.
- The NOD will be reviewed by a Decision Review Officer who will take into account all the details of the case and your personal circumstances.
- The Officer will file a document known as a Statement of the Case which will detail all the findings and decisions. Having received this, the claimant and lawyer discuss whether to go ahead with the appeal.
- Once the claim is made all the paperwork is sent to the Board of Veterans’ Appeals who will thoroughly review the case. At this point, the claimant can request a hearing with a Veterans Law Judge, and your lawyer will advise if this is necessary. The Judge will not make a decision at the hearing.
- The Board reviews and makes decisions on each issue within the appeal.
Should the claimant disagree with the decision they are entitled to put the case before the Court of Appeals for Veterans’ Claims, where a VA lawyer is a necessity.
From the above we hope you can see that while the steps are clearly defined this is a job for a qualified and experience legal expert who knows VA appeal law inside and out. It is not a procedure that we would recommend you attempt without the appropriate help.
There are many lawyers who are experts in this area and are dedicated to VA appeals law, and we suggest you talk to one in advance and get your case heard with expert legal help.
Best Chance of Success
Taking advantage of professional legal services is always advisable in all areas of appeals law and will give you the best chance of success with your appeal. The lawyer you hire will be able to put a case for you in a professional manner and will also know how to converse with the Board of Appeal in a way that gets your point across as best is possible.
While success in VA appeals is not guaranteed it is often the case that an appeal directed and presented by a lawyer with the right knowledge and expertise will be more readily appreciated and understood by those involved on the appeals board. We can’t stress too strongly the benefit that hiring the right VA lawyer will bring to your case, and we recommend the first thing you do is find a reputable or recommended VA appeals lawyer to handle your case.
Conclusion
Without the necessary help from a VA lawyer your case will be a stressful occasion without a doubt. These professionals are experts in bringing appeal cases to the Board of Appeal and will be able to do so in the right manner and through the correct channels.
Your appeal is a right that you have, so don’t waste it. Talk to a VA Appeals lawyer right now and they will start the ball rolling to what will hopefully be a successful appeal.
