Appealing VA’s benefit denial
Question: For years I’ve received service-connected benefits and recently the VA denied my formal request for an increase in those benefits. I would like to appeal that decision. What steps do I take?
Answer: Veterans and other claimants have one year from the date of notification of a VA decision to file an appeal. Typical issues appealed are disability compensation, pension, education benefits, reimbursement for unauthorized medical services, recovery of overpayment and denial of burial and memorial benefits, according to the 2010 edition of Federal Benefits for Veterans.
After you’ve filed a claim, the VA will send you a “statement of the case” informing you of the facts, laws and regulations used in determining your case. If you disagree, the first step in the appeal process is to file a written notice of disagreement with the VA regional office, medical center or National Cemetery Administration (NCA) office. VA should send you its Form 9 “Appeal to Board of Veterans” petition with the statement of the case. Then you have one year from the date VA mailed its decision to complete the request for appeal.
The United States Department of Veteran Affairs website offers Form 4107 that will walk you step-by-step through the appeals process. You must have at least Adobe Reader version 7.0 on your computer to fully utilize the PDF document.
The form explains the following:
- More information about appealing to the board
- Getting someone to help with the appeal (if needed)
- The cost, if any, with getting help with the appeal
- Providing additional evidence in the appeal
To get the booklet “How Do I Appeal,” write to Mail Processing Section (014), Board of Veterans’ Appeal, 810 Vermont Avenue NW, Washington, DC 20420 or contact your local VA facility.
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Russell Davis has spent the last few years aggressively seeking answers to his own veterans’ benefit questions. He’ll be taking over the Taking on Life blog every Friday to tell you what he’s learned and to help honorable military discharged women and men, their spouses, partners and others to find answers. Click here to read his previous questions and answers, or to ask him a question.
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