Can I Appeal a Denied VA Claim?

When a decision is made in your claim, you will receive a Ratings Decision. If your claim has been granted, the decision will assign a rating for your condition. If the claim is denied, or if you disagree with the rating that is assigned then you must file an appeal within 1 year. There are several types of appeal under the VA’s newer AMA process. A Higher Level Review can be filed which will have someone else review the file to see if any errors have been made, but you cannot submit any evidence as part of the appeal. 

If you want to submit evidence you can file a Supplemental Claim but the evidence must be “new and material” and it must be submitted with the appeal. You can also file your appeal and have your case transferred to the Board of Veterans Appeals. There are several choices with regard to that type of appeal as well.

Once the BVA makes a decision in your case, you may file an appeal to the Court of Appeals for Veterans Claims. (“CAVC”).

You are not required to have an attorney at any time during your claims process. However, it is your right to hire and be represented at any stage of the process if you wish to have assistance in your claim.

If you would like to discuss the decision in your case, please call us at 888-966-6566 or reach us through our contact page.

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Established in 2011, Lunn & Forro, PLLC, is a client-focused firm recognized for excellence in providing top-level legal services. We assist the sick, injured and disabled in obtaining the benefits that they are entitled to receive.

*Prior results do not guarantee similar outcomes because each case is unique and must be evaluated separately.

DISCLAIMER: The content on this site is not offered as legal advice. It is for informational purposes only. It does not create an attorney-client relationship and you should not rely upon it as a source of legal advice.

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