How to Fight for VA Eligibility
If you feel you've been denied benefits you're legally entitled to by your local office of the United States Department of Veterans Affairs, you can enter into the Board of Veterans' appeals process to have the decision overturned. Once you've submitted your appeal and detailed supporting evidence, the decision to deny you the benefits you applied for will be looked at by an experienced board member. You'll also have the opportunity to make your case in person as part of the process.
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Instructions
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Write a Notice of Disagreement to the VA office that ruled on your claim. This should take the form of a letter saying that you disagree with the decision to deny your application and want to make an appeal.
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Send your Notice of Disagreement to the VA office that ruled on your claim. You can find a list of state VA offices on the Department of Veterans' Affairs website if you don't have the address (see Resources). You'll need to send your Notice of Disagreement within a year of the date your local VA office wrote informing you of its decision.
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Submit a request to your local VA office to have your case reviewed by a Decision Review Officer. You can do this in writing, in person or over the phone after you've submitted your Notice of Disagreement. Your local VA office will then create a Statement of Case file outlining the evidence it based its decision on. You will be sent a copy along with a Substantive Appeal form.
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Complete the Substantive Appeal form setting out in detail why you are appealing your local VA office's decision. State which benefits you think you're entitled to, and highlight the errors made in your VA office's Statement of Case. Indicate that you would like a personal hearing to put your case in person. You can opt for a hearing in Washington, by teleconference or at your local VA office.
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Attend your personal hearing. This is your chance to make sure your review officer has all the evidence you want to submit and fully understands the grounds on which your appeal is based. You will then be sent the board's decision on your case once it has been reviewed.
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Tips & Warnings
If you are not happy with the result of your appeal, you can ask the U.S. Court of Appeals for Veterans' Claims to look at your case.
