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Our Office

  • Belleville Office

    Address

    175 Second Street
    Belleville, Michigan 48111

    Fax

    800-971-4109

OPTIONS TO CONSIDER IF VA DENIES YOUR CLAIM

Under the Veterans Appeals Improvement and Modernization Act of 2017 (Pub L.115-55), you have several options to consider if the decision is not a full grant of the benefits sought.  One of three options must be taken within one year of the date of the VA decision:

  1. File a request for higher level review,
  2. File a supplemental claim, or
  3. File a notice of disagreement (NOD) with the Board of Veterans' Appeals (Board)

If any of these actions are filed within one year of the prior decision, the original filing date will be the effective date when benefits are later granted.


HIGHER LEVEL REVIEW

This review is accomplished at Decision Review Operations Centers where the reviewer is not bound by the prior decision, but the appeal is limited to only that evidence that was before the Regional Office when it issued the rating decision on appeal.  If the higher level review does not result in a satisfactory result, the Veteran can either file a supplemental claim or file for review by the Board.


SUPPLEMENTAL CLAIM

A supplemental claim can be filed at any time but must include new and relevant evidence.  If filed within one year of the VA decision, then the effective date of the claim will be preserved.   Following submission of the supplemental claim, VA will issue another decision that will either grant or deny the benefits sought.  If the claim is denied, then the Veteran can file for higher level review, file a supplemental claim, or file a NOD with the Board. Again, this action must be taken within one year to preserve the effective date of the claim.


REVIEW BY THE BOARD

When filing a NOD with the Board, there are three lanes to choose from:

  1. Direct review: may be used when there is no new evidence to submit and a hearing is not requested
  2. Evidence submission: is used to permit the filing of new evidence within 90 days of filing the NOD
  3. Hearing: this option allows a hearing before a Veterans Law Judge and allows the submission of new evidence at the hearing or within 60 days of the hearing


REIVEW BY THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS

If the Board denies a claim, an appeal can be taken to the U.S. Court of Appeals for Veterans Claims but only if filed within 120 days of the Board decision.  Alternatively, a supplemental claim can be filed with VA along with new and relevant evidence.  VA will thereafter issue a new decision.  If that decision is not satisfactory, then a claimant can either file for higher level review, file a supplemental claim, or file a NOD for review by the Board.  Again, if this action is taken within one year of the decision denying the claim, the effective date of the original filing can be preserved.
 


For a free, no obligation consultation, please call us at 1-800-971-4109 or contact us online.