Appealing a VA Decision

If you have a claim that was denied within the last year and are considering an appeal, please contact your VDVS State Benefits office and we can initiate a review.  We strongly recommend working with our trained, accredited representatives to file your claims and appeals. 

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The Virginia Department of Veterans Services Appeals Team provides a direct line of support to Virginia veterans and their surviving spouses during appeals of denied disability claims. Our mission is to represent and advocate for veterans and their families before Veterans Law Judges at the Board of Veterans’ Appeals (“Board”). The Appeals process changes depending on which of three review options you select on your Notice of Disagreement. 

        1.Direct Review by a Veterans Law Judge 

This appellate review option prohibits the submission of new evidence and does not come with the optional Board hearing. With this review option, a member of the Appeals Team will be given the opportunity to provide a written legal argument in support of your appeal before it is moved to a Veterans Law Judge for decision.  

      2.Evidence Submission Reviewed by a Veterans Law Judge 

This appellate review option allows for the submission of new evidence within 90 days of the Board’s receipt of the 10-182 and does not come with the optional Board hearing. With this review option, a member of the Appeals Team will be given the opportunity to provide a written legal argument in support of your appeal before it is moved to a Veterans Law Judge for decision. 

      3.Hearing with a Veterans Law Judge 

This appellate review option affords you the opportunity to testify before a Veterans Law Judge and allows the submission of new evidence within 90 days after the hearing. In most cases, we recommend this option on appeal. Once the Board schedules your hearing, a member of the Appeals Team will be assigned to your case and will work closely with you to prepare for it. We have complete access to your VA C-File and will do a thorough review of your appeal history. We will also advise on potential new evidence that may support your appeal and help you obtain that in the weeks before and after the hearing. We work closely with appellants to submit necessary evidence within the 90-day window following the hearing and can provide status updates on request while we await a final decision in writing. Finally, we will review the decision with the appellant, explain the outcome, and discuss next steps.  

While the Board’s wait times are beyond our control, we do our best to provide educated estimates based on trends we are seeing with our case load and answer questions to the best of our ability. Additionally, the Board gives priority treatment to appeals by veterans who are 75 or older, seriously ill, in major financial hardship, or who demonstrate other good cause. If you meet any of those criteria, the Appeals Team can help you request priority processing for your case. 

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Get Additional Information from the Federal VA: 

• What are the Differend Board Review Options? 

• How long will will a review or Appeal take?  

• I want more information about the Board of Veteran Appeals.