Learn About Veterans Benefits Appeals For Family Members
The VA benefits for spouses claim appeal process and the VA benefits for dependents claim appeal process have been part of the veterans benefits system since 1933. According to law, a veteran spouses benefits claim appeal form or a veteran dependents compensation appeal form are available for submission by veterans, dependents of veterans and survivors of veterans who believe that a denial of benefits is in error. However, veteran dependents compensation appeals and veteran spouses benefits claim appeals involve a limited timeline for the beneficiary to make a formal appeal. Since 1933, the VA benefits appeal process has undergone many changes, with each change adding another layer of security, additional benefits and explanation of benefits under certain conditions. A veteran spouses benefits claim appeal, which works in the same way as a veteran dependents compensation appeal, can be successful under certain circumstances. To find out more about the VA benefits appeal process for family members of veterans, read the comprehensive topics below:
- VA benefits appeal timeline
- VA benefits appeal process
VA Benefits Appeal Timeline
The veteran dependents compensation appeal and the veteran spouses benefits claim appeal share the same time guidelines. The veteran spouses benefits claim appeal is available for submission up to one year after a claims decision. After the applicant files the initial claim for the veteran dependents compensation appeal, the process can take some time as officials review new pieces of evidence to support the appeal claim. The VA evaluates the current disability condition of the veteran, instead of just focusing on past injuries or disabilities. The VA compensation for dependents appeal process includes a number of review cycles of all the evidence submitted. The process will also require all new reports from the medical community.
VA Benefits Appeal Process
Just like the VA compensation for spouses appeal process, the VA Compensation for dependents appeal process begins with a written letter, called the Notice of Disagreement. In this veteran spouses benefits claim appeal letter, petitioners must list each denied claim and send it to the address listed on the VA decision letter. The veteran dependents compensation appeal letter will take several weeks to process. During this time, the beneficiary may receive a letter granting the claim or another document called the Statement of the Case. This veteran spouses benefits claim appeal statement will list all of the reasons, laws and regulations that determine ineligibility to receive benefits. The veteran dependents compensation appeal letter sent from the VA will also include a VA Form 9, which offers the applicant the opportunity to file an appeal with the Board of Veterans Appeals. If an applicant wishes to continue the veteran spouses benefits claim appeal, then the next step is to send the Statement of the Case along with VA Form 9 and the denial letter within 60 days of receipt of the denial letter to the address indicated on Form 9.
Another option for veteran dependents compensation appeals is to ask for a Board Hearing. Because this will involve the court, it can take a while to schedule the hearing. However, the petitioner must file for the Board Hearing within the 60-day window, even if the scheduled date for the hearing is for more than 60 days. A Board Hearing is not a requirement for the VA compensation for spouses appeal process, and it does increase the wait time for a decision.
If the veteran dependents compensation appeal is contingent on a large number of benefit denials, then it is also the petitioner's option to seek representation. The Veterans Service Organization offers a representative or a regular attorney who can legally assist any veteran or spouse of a veteran to appeal the decision. The board, which will consider the veteran spouses benefits claim appeal, will consist of a Chairperson and Vice Chairperson as well as members selected for their expertise in reviewing certain types of claims.
The VA compensation for spouses appeal process is multi-layered and, in contrast to a civilian court of law, evidence is available for submission at any point throughout the process. The VA compensation for dependents appeal process is usually initiated through the Agency of Original Jurisdiction (AOJ). This board does not only handle veteran dependents compensation appeals, but also reviews appeals involving insurance, education, home loans, health care, pensions and other benefits. If the board reviews the veteran spouses benefits claim appeal and still denies the claim, the last recourse is to appeal to the Board for a de novo review. This newly formed board will examine the veteran dependents compensation appeal decision and must, like a civilian appellate court, decide whether the decision should stand or be overruled.