Steps to Appeal a VA Disability Denial

Understand Why Your Claim Was Denied

The first step in appealing a VA disability denial is understanding why your claim was rejected. Common reasons for a denial include:

• Insufficient medical evidence: If the VA does not have enough evidence to prove your condition is related to your service or qualifies for benefits, your claim may be denied.
• Failure to meet the eligibility criteria: If your disability does not meet the specific requirements set by the VA, you may be denied.
• Lack of service connection: The VA must determine that your disability was caused or aggravated by your military service. If they find no connection, your claim will be denied.

Request a Reconsideration

If you believe your claim was denied in error or you have new evidence to support your case, you can request a reconsideration of the decision. This process involves the VA reviewing your case again with the additional information you provide.

File a Notice of Disagreement (NOD)

If reconsideration is not successful, the next step is filing a Notice of Disagreement (NOD). This is an official form (VA Form 21-0958) that informs the VA that you disagree with their decision and would like to appeal. The NOD must be submitted within one year of receiving the decision.

Choose Your Appeal Option

Once you’ve filed the NOD, you will need to choose how to proceed with your appeal. There are three primary options for appealing a VA disability denial:

• Higher-Level Review: A senior VA reviewer will re-examine your claim without considering new evidence. This option is quicker but may result in the same decision.
• Supplemental Claim: You can submit new and relevant evidence to support your case. The VA will review this new information and make a new decision based on the updated evidence.
• Board of Veterans’ Appeals (BVA): If you want a formal hearing, you can request a hearing before the Board of Veterans’ Appeals. A Veterans Law Judge will review your case and make a final decision.

Prepare for a Hearing

If you choose to appeal through the Board of Veterans' Appeals, you may have the opportunity for an in-person or virtual hearing. Prepare by gathering all necessary evidence, including:

• Medical records: New or updated medical records showing the severity or service connection of your disability.
• Statements: Personal statements from doctors, family members, or fellow veterans who can attest to the impact of your disability.
• Legal representation: If you choose, you can be represented by an attorney who specializes in VA disability appeals.

Wait for a Decision

After your appeal has been reviewed, the VA will issue a decision. The time it takes can vary, but you will be notified once the decision has been made.