VA Disability Claim Delays And Appeals

With the recent public scrutiny and media coverage, the Department of Veterans Affairs is under pressure to work quickly through a backlog of claims. In the rush to issue quick initial decisions, however, the VA opens up the possibility of making more errors than in the past. If you are experiencing a delay in receiving a claim determination or your claim was denied, schedule a free, no-obligation consultation with an experienced attorney.

Since 2000, Daisley Law Offices, P.C., has provided veterans with representation throughout North and South Carolina. If you are facing disability claim delays, it is crucial to work quickly to protect yourself. Contact us to learn more about how we can help.

Appealing The VA's Decision

If your claim is ultimately denied, you may consider filing an appeal. You can file an appeal up to one year following the VA's initial determination on your claim. There is no set paperwork to fill out to begin the process, though the VA is encouraging the use of VA Form 21-0958. You simply need to send a written statement explaining that you disagree with the VA office's claim determination and that you wish to appeal it. This statement is known as a Notice of Disagreement (NOD). While it is not required that you work with a lawyer, it is highly recommended. An experienced attorney can guide you through this process and ensure that deadlines are met and the proper paperwork is completed.

Unfortunately, many VA regional offices are taking close to two years (longer, in some cases) to issue a decision on an appeal. Individuals who choose to appeal the regional office's decision to the Board of Veterans Appeals can wait for one year to get a hearing and then another year wait to receive the board's decision. It can take as long as five to six years to get initial errors corrected. We suggest working with a knowledgeable attorney as soon as possible to protect your investment in time spent waiting.

We maintain offices in Charlotte, Fayetteville and Raleigh for the convenience of our clients.