Veterans’ Benefit Denials

To receive veterans’ benefits you must make a claim with the VA. New applications by Iraq and Afghanistan war veterans have resulted in long delays and a higher likelihood of mistaken denials. If you are denied, you can appeal the VA’s decision. However, after you receive a disability rating, you only have one year to file a Notice of Disagreement (NOD). Once it has received your notice, the VA will mail you VA Form 9 that you must fill out and return.

After a VA Form 9 has been submitted, the VA will convene a “personal hearing.” You are allowed to have representation at this hearing, and it is highly recommended that you obtain an experienced veterans’ benefits denial lawyer for this proceeding.

If an appeal is denied, veterans have the right to another appeal to the United States Court of Appeals for Veterans Claims. This court is entirely independent and separate from the VA. Such appeals are extremely complicated, and if you have not already hired an attorney, it is recommended that you do so at this point.