The Claims Process for Veteran's Disability Compensation to the Department
of Veterans Affairs (formerly Veterans Administration)

A Veteran's Original Claim for Disability compensation is made to a Veterans' Affairs Regional Office (VARO). This is an administrative, not judicial, process, using forms supplied by the government, or simply a letter explaining the injury and asking for compensation. There are specific requirements of the process, as well as time limits, so it is best to have the help of a Veterans' advocate in preparing the claim. See LINKS page. The VA will then provide a Ratings Decision that either fully grants, partially grants, or denies the claim.

If the initial claim is denied or grants less than the full amount of the claim, the Veteran has one year to submit a notice of disagreement (NOD) with the Department of Veterans’ Affairs / VA. Then, the Regional Office will issue a statement of the case (SOC) with reasons for the denial/ratings decision. If the veteran is still not pleased with the decision, s/he can appeal to the Board of Veterans Appeals (BVA) by filing VA Form 9 within sixty (60) days from the most recent SOC or one year from the ratings decision, whichever is later. After filing a VA Form 9 / Formal Appeal, a veteran may still submit additional evidence, which would prompt the VA to issue a Supplemental Statement of the Case (SSOC). A response is optional.

An appeal goes to the Board of Veterans Appeals (BVA). This board is the highest level of appeal inside the VA. The BVA sends many cases  back to the RO level to correct a mistake made in the case. This is a board  of review, which requires no new evidence or argument.

If the BVA denies the claim, the next appeal is to the Court of Appeals for Veterans Claims (CAVC). The veteran has 120 days to appeal to the CAVC. Now the case becomes adversarial -- the Veteran against the government -- so the Veteran needs an experienced Lawyer who knows the laws and tactics that will be used.

For a VA document explaining the process, click here: http://www.va.gov/vbs/bva/pamphlet.htm

Some things to be aware of:

It is possible that the Regional Office can make a Clear and Unmistakable error (CUE) in deciding a case, which can be discovered
at a higher level.  This could result in an incorrect denial, rating or effective date.

New and material evidence can be introduced even after the claim is denied the first time. Vets can seek an improved rating to their
originally granted benefits, if their condition gets worse.

It is also possible to file a claim for monthly VA benefits based on medical malpractice at a VA medical facility.

Any of these situations may apply to your case.

Law Offices of
Theodore C. Jarvi
1050 E. Southern Avenue
Suite G-3
Tempe 85282
Tel.: (480) 838-6566