When you agreed to fight for your country, you carefully weighed the possibility of suffering a life-altering injury. Now that you cannot work, the U.S. government should live up to its end of the bargain. That is, you should be able to apply for and receive the disability benefits you deserve.
According to the U.S. Census Bureau, almost 4 million veterans receive disability benefits. Obtaining those benefits, though, is not always easy. If you receive a denial of your disability benefits, you may wonder whether you have a right to appeal. Fortunately, the answer is yes.
Appellate options
As a veteran who has received a denial of disability benefits, you probably have a few options for appealing the decision. First, you need to determine whether you have a legacy appeal or must comply with the Appeals Modernization Act. After doing so, you must file either a notice of disagreement or use a VA form to select an appellate option.
For the latter, your appellate options likely include the following:
- Higher-level review
- Supplemental claim
- Board of Veterans Appeals appeal
An appeal to the BVA
Often, veterans seek redress from the BVA. This administrative tribunal has skilled judges and attorney-advisers who may better understand your disability case. Still, filing a BVA appeal is a complex process. You also may have both to provide additional information about your disability and to attend a hearing.
Even though winning disability benefits through the appellate process can be challenging, it is important not to give up. Ultimately, by presenting a comprehensive appeal, you are likely to increase your odds of receiving disability benefits.