Question:

The VA denied my claim for PTSD. How and where do I file an appeal?

Answer:

Generally, the VA Regional Office (VARO) nearest the veteran in the state where he or she resides will make the initial decision on a claim for VA benefits. Once the VARO adjudicates a claim, it will send the claimant and his or her service representative, if any, a notice of the decision.

If the VARO denies the claim, or grants benefits at a level lower than that warranted by the evidence or effective from a date later than that allowed by law, the claimant should immediately appeal the decision. The first step in appealing a claim is to file a “Notice of Disagreement” (NOD) with the VARO that made the decision. While there is no official NOD form, there are several requirements that must be satisfied in order to file a legally valid NOD.

Tips on filing a Notice of Disagreement

  • The NOD must be in writing.
  • You may use VA Form 21-4138 (Statement in Support of Claim) to submit an NOD. This form is available on the VA’s website. Click here to view or download form. Otherwise, a simple letter will suffice.
  • Be sure to write “NOTICE OF DISAGREEMENT” at the top of the document. You must specifically state that you are disagreeing with the VA’s decision.
  • Identify the decision by the date that the decision was made. Specifically state that you intend to appeal that decision.
  • State the specific claim or issue that you are appealing if more than one issue was adjudicated. Since you do not want to appeal an award of benefits that has been properly granted in this situation, specifically state any claim or issue that you do not intend to appeal.
  • The appeals process can be involved, time consuming, and sometimes frustrating. If you are unsure or uncomfortable with the process get professional advice or assistance.

In order to begin the appellate process, the VA must receive your NOD within one year of the date of the letter notifying you of its decision. The NOD may be mailed or hand-delivered to the VARO, however, you can fax the NOD if the deadline is looming.
It is always best to file the NOD as soon as possible after you have decided to appeal an adverse decision. That way, the VA will begin to process the appeal sooner and you will avoid the chance of missing the deadline. If the NOD is not timely filed, the VA will consider the VARO’s decision to be final. In that event, the VA will only reopen the claim if you submit new and material evidence of entitlement to the benefit sought, or if you can establish that the VARO’s decision was the product of clear and unmistakable error (which is often very difficult to prove).

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