VA Claims and Appeals Process

Step 1: File Your Claim

You must file a claim at your local VA office or medical facility to receive veterans’ disability benefits. There is at least one office like this in each state and locations in Puerto Rico and Manila. Claims can also be filed online through the VA.

A legal representative can help you file a claim or you can ask for assistance from an organization like Disabled American Veterans. Generally speaking, the claim process involves several steps and begins when you complete VA Form 21-526EZ. Once the form is complete, three additional steps must be completed.

Step 2: Provide Information

First, you will be given a list of information that you need to provide in order for a decision to be made about your claim.

This information will help you substantiate your claim so that you stand a better chance of obtaining the compensation you need and deserve.

Step 3: VA Review

The next phase of the filing process occurs when the VA reviews all of your information and makes a decision about your claim. If any information is missing from your file, the claim will be pushed back to the first phase.

After all of your information has been collected, a decision will be made about the claim.

Step 4: Receive Decision

The final portion of the claim filing process occurs when the VA notifies you of its decision. Once you receive your notification letter, you will know whether or not your claim was approved.

Contact us today to receive assistance filing your claim.

Understanding the VA Appeals Process

If you disagree with a decision on your claim, whether it was denied or you believe your disability was underrated, you have the right to request a decision review. Since February 19, 2019, VA has used a modernized decision review system with three separate options. You can choose whichever option fits your situation, and in some cases you can pursue more than one over time.

Supplemental Claim

Choose this option if you have new and relevant evidence to submit that VA didn’t have when it made its original decision, such as new medical records, a new nexus letter, or additional service records, for example. VA has a duty to help you gather evidence for a Supplemental Claim if you identify it but can’t obtain it yourself.

Higher Level Review

A more senior reviewer takes a fresh look at your existing file to determine whether the original decision was correct based on the evidence already submitted. You cannot submit new evidence with this option, but you can request an informal conference to point out errors you believe were made.

Board Appeal

Your case goes to a Veterans Law Judge at the Board of Veterans’ Appeals in Washington, D.C. You choose one of three ways to proceed:

• Direct Review — the judge reviews the evidence already in your file, with no hearing and no new evidence.
• Evidence Submission — you can submit new evidence, but there’s no hearing.
• Hearing — you can testify before the judge, either in person, by video, or virtually, and can also submit new evidence.

You generally have one year from the date on your decision letter to request any of these options. If you’re not satisfied with the outcome of a Supplemental Claim or Higher-Level Review, you can still move to the next option, including a Board Appeal.

Note On Legacy Appeals

If you filed a Notice of Disagreement before February 19, 2019, and didn’t opt into the modernized system, your case may still be moving through the older legacy process (Notice of Disagreement, Statement of the Case, VA Form 9, and a traditional BVA hearing). If that applies to you, an accredited advocate can help you determine which system your case falls under and what your options are.

Contact a Veterans Disability Advocate

Do you need to file a disability claim or appeal? Our veterans disability advocates can help you understand your legal rights and options. Our team of experts has helped thousands of injured and disabled veterans fight for the VA disability benefits they have earned. With our representatives on your side, you can rest assured that your case is in good hands and that your best interest is our primary goal. Contact our office today to see what Veterans Help Group can do for you!