Guiding You Through the VA Disability Benefits Appeals Process
Make the VA Disability Benefits Appeals Process Easier with. Understand the complexities, learn your rights, and simplify your appeal journey. Empower yourself with the knowledge you need to increase your chances of receiving the benefits you've earned.
The Former VA Appeals Process: A Step-by-Step Guide
A simplified breakdown of how the old VA appeals process worked:
Step 1: File a Claim
The claimant submits a VA disability claim. The VA Regional Office (RO) responds with a Veterans Claims Assistance Act (VCAA) letter, followed by a decision notice.
Step 2: Disagree with the decision
If the claimant disagrees with the decision, they file a Notice of Disagreement (NOD). If the appeal is denied, the VA issues a Statement of the Case (SOC).
Step 3: Request a DRO Review
Within 60 days of receiving the SOC, the claimant can request a Decision Review Officer (DRO) review for reconsideration
Step 4: Submit A Formal Appeal
The claimant submits a VA disability claim. The VA Regional Office (RO) responds with a Veterans Claims Assistance Act (VCAA) letter, followed by a decision notice.
Step 5: Board Review and Further Appeals
The Board of Veterans’ Appeals reviews the case and issues a decision. If necessary, the claimant can further appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) within 120 days
Understanding the Updated VA Appeals Process
The modern VA appeals process follows these five key steps:
Step 1: File An Initial Claim
Veterans submit a disability claim, and the VA reviews the case and issues a decision.
Step 2: Submit a Supplemental Claim
If the veteran disagrees with the decision, they can provide new and relevant evidence to strengthen their claim.
Step 3: Request a Higher Level Review
Veterans can request a more experienced VA adjudicator to reassess the decision, but no new evidence can be submitted.
Step 4: Appeal to the Board
If still dissatisfied, veterans can escalate their case to the Board of Veterans’ Appeals for further review.
Step 5: Seek Court Review
If the Board’s decision is unfavorable, veterans may appeal to the U.S. Court of Appeals for Veterans Claims for further legal review.
Veterans Appeals Improvement and Modernization Act
When filing a new claim, the VA’s rating decision now outlines the decided issues, evidence reviewed, applicable laws, and any favorable findings. It also explains denial reasons and benefit criteria.
Veterans have one year to respond by:
- Requesting a Higher-Level Review
- Submitting new evidence via a Supplemental Claim
- Filing a Notice of Disagreement with the Board of Veterans’ Appeals
Higher Level Review and Board appeals
Veterans have one year from their initial claim decision to request a Higher-Level Review at the VA regional office. This de novo review allows a senior adjudicator to reassess the case without considering the previous decision, but no new evidence or hearings can be submitted. If the claim is approved, the original claim date is preserved. If denied, veterans can either file a Supplemental Claim with new evidence or appeal directly to the Board of Veterans’ Appeals (BVA). The VA typically issues a decision within 125 days, ensuring the original claim’s effective date remains intact.
To appeal to the BVA, veterans must file a Notice of Disagreement (NOD) within one year of their decision. Unlike the previous process, the NOD now sends the case directly to the Board without additional steps. Veterans must submit the NOD on the VA’s required form, clearly outlining the disputed issues. They can choose to request a BVA hearing, submit additional evidence, or have a judge review the case without new information. The VA also plans to allow modifications to an NOD after filing.
