Screwed Over By the VA? How to Get the Benefits You Deserve
In the event that you receive a denial letter from Veteran Affairs, it's important to know that you're not alone. Statistics show that getting a denial for an initial claim of veteran benefits is actually fairly common. Fortunately you can appeal this decision. In this post we take a look at some things to consider when it comes to receiving your benefits after initially being denied.
Appeal the Decision
The first thing you'll need to do is to appeal the decision. In order for you to do this, you will have to fill out what's known as a Notice of Disagreement of NOD, with the Department of Veteran Affairs.
Remember the Deadline
It's very important that you don't delay when it comes to filling your appeal. Federal veteran benefit denial law stipulates that all appeals must be made within 365 days, from the date the denial letter was written.
Notice of Disagreement (NOD)
With the deadline in mind, you'll need to get what's known as a Notice of Disagreement. In the past, you had several options, one of which included a Statement in Support of Claim. However, this is no longer the case and a NOD is the only way you can appeal a denial. When it comes to filling out an NOD, there are certain things that you shouldn't put on it and there are other things that you must include in it. One of the things you shouldn't include is the specific reasons why you disagree with the initial denial. At some point, you'll be able to discuss the specifics with the VA but not through your NOD. This is because if you decide to go into details, it could limit your ability to appeal other issues that you did not mention in the NOD.
How to Make Your NOD Statement
As mentioned above, the last thing you should do is to get into specifics. Most experts agree that you should keep it simple. In order for you to do that, when you fill out your NOD, ensure that you:
• Proclaim that you disagree.
• Write the phrase 'Notice of Disagreement' on the top section of Form 21-4138 or on a personal letter.
• Provide basic info on what you intend to appeal
• State the exact date of the denial letter.
It's important to remember that even if you get denied a second time you can choose to accept the decision or file a new appeal especially if you can highly a clear error in regards to the board's decision.Further reading
Further Reading
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