VA Appeals Lawyers Fighting for Your Veterans’ Benefits

VA Benefits Appeals

You fought for us and we will fight for you

Standard Claims and Appeal Forms Update Fact Sheet

You may have received notice informing you that you will not be awarded the veterans disability benefits that you badly needed. You may feel anxious, nervous or angry about your situation. But you don’t have to feel that way anymore.

The lawyers of Marcari, Russotto, Spencer & Balaban know the VA appeals system. Our founder, Don Marcari, proudly served in the Navy JAG Corps. He understands exactly what our service members have endured. Our attorneys know that you never gave up on your country and they will not give up on your claim for the benefits you deserve.

How do I appeal if I’m not satisfied with the decision of the veteran's board?

You can appeal a decision of the board for any reason if you have been denied veterans compensation benefits. The two most common are:

  • The VA denied you benefits for a disability you believe began in service
  • You believe your disability is more severe than the VA rated it

Once you have decided to appeal, there are several steps that must be followed:

  • You must file a Notice of Disagreement (NOD) with your local VA office stating why you would like to appeal. This is then reviewed by a decision review officer (DRO). It must be filed within one year of when you received the decision
  • The VA will then produce a Statement of the Case (SOC). The SOC explains the basis for VA’s decision, as well as the evidence, laws and regulations that were applied in your case. This is then mailed to you along with a VA Form 9, which is an appeals form
  • Fill out the VA Form 9. State the benefit you want, any mistakes you believe are in the SOC and whether you want a personal hearing on the matter
  • The VA Form 9 must be delivered to your local VA office within 60 days of the date that they mailed you your SOC or within one year of the date that they mailed you the original decision denying your claim, whichever is later

What happens if I request a personal hearing?

If you are granted a personal hearing, one can be scheduled:

  • In Washington, D.C. with the Board of Veterans Appeals
  • Through a video conference hearing at your local VA office with a board member in Washington
  • At a hearing at your local VA office with the board member present

Your attorney may help you at all times during the appeals process and you may bring one with you to the hearing. The Board member will then make a decision regarding your appeal. If it is denied again, you can request your local VA reopen the claim, file a motion asking the Board to reconsider, or file an appeal with the U.S. Court of Appeals for Veterans Claims.

Contact a VA appeals lawyer to schedule a free initial consultation!

Consult an attorney experienced at appealing VA disability claims before you begin the process. The attorneys of Marcari, Russotto, Spencer & Balaban have helped many veterans appeal decisions from the VA Board. Call us today at 866-866-VETS or contact us online. You pay nothing until your case is resolved and you receive compensation.