A Summary Of The “VA” Disability Claims Process

Step 1 of the VA Claims process begins at any of the 58 VA Regional Offices, located throughout the United States. There are three (3) ways a Veteran may file a claim at a VA Regional Office:

  1. Formal Claim - This is a claim filed on a VA Form 21-526 (Veteran's Application for Compensation and/or Pension).

  2. Informal Claim - Under Federal Regulations, any written communication made by a Veteran, showing an intent to apply for VA Disability benefits, is considered a claim by law.

  3. Inferred Claim - The Regional Office must process a Veteran's claim, when the medical record and/or an informal communication suggest entitlement to VA disability benefits.

The end of the Regional Office process results in either an Award Letter or a Denial Letter

If a Denial Letter is received, the next step is filing of a Notice of Disagreement, which will start Step 2 of the claims process, the Regional Office Appeal. The Regional Office must review the entire claims file and either GRANT the claim or CONFIRM the Denial. Once denied, the VA will summarize the case for a fresh ("De Novo"), review by a Decision Review Officer. The Veteran is entitled to a live hearing, at which time new evidence may be submitted.

If a Regional Office Appeal continues to result in a Denial of disability benefits, Step 3 is an appeal to the Board of Veterans' Appeals (BVA). The Board of Veterans Appeals will consider the complete record created at the VA Regional Office. A Veteran may present new documentary evidence and witnesses. The case will be heard by a Veterans Law Judge, who can rule on all questions or claims involving benefits under laws administered by the VA. Hearings can be held live in Washington, D.C.; at a VA Regional Office or via video conference hearings. The Board may either Grant or Deny a disability benefits, or remand back to the VA for further consideration.

A Denial by the Board of Veterans Appeals, may lead to the final process, Step 4, which is an appeal to the Court of Appeals for Veterans Claims in Washington, D.C.. Veterans Disability Appeal Attorney and Lawyer, Randy Zeldin, Esq., represents Veterans before the Court of Appeals for Veterans Claims, in all 50 States

Contact us online or call (561) 613-0101 today for a free and confidential consultation!