Appealing A VA Decision
Veterans who have been denied their rightful benefits by the U.S. Department of Veterans Affairs (VA) have the right to appeal. The appeals process requires you to follow specific steps within a relatively brief time frame. Having an attorney with extensive experience in VA disability benefits law can greatly improve your chances of success.
At Michalk, Beatty & Alcozer, L.P., we are honored to help those who risked their lives in service to our country. Attorneys Alex Bass and Manuel Alcozer are accredited to handle appeals before the VA, and each has extensive experience in this area of the law.
The VA Disability Appeals Process
The first step in appealing a VA decision against you is to file a Notice of Disagreement. You must file this within one year after you receive the letter notifying you of the VA’s decision. Your lawyer can help you fill out this form and make sure it is sent to the proper VA office. You may also include new evidence the VA did not have when considering your original claim.
Once the VA receives your Notice of Disagreement, a Decision Review Officer will review the evidence and decide if you are entitled to benefits. If the officer decides against you, you can appeal to the Board of Veterans’ Appeals. You have just 60 days after receiving the Decision Review Officer’s decision in the mail to file this second appeal. You have the right to request a hearing before a veterans law judge, but doing so can cause your case to last five to seven years; your lawyer will advise you whether to do so.
Absent a hearing, your appeal will likely take about 12-18 months to complete.
Call Us Today
To learn more about the VA disability benefits process, please contact Michalk, Beatty & Alcozer, L.P., at 254-727-7235 . Our main office is in Killeen, and we have a Temple location available by appointment. We represent veterans throughout Texas. Hablamos español.