Find Out About... // How to Apply and Right to Appeal
Veterans Disability Compensation or Pension: To file for disability compensation, or for a VA pension, veterans may use VONAPP; an acronym for Veterans On Line Applications. Active duty Servicemembers should not submit an application using VONAPP until they call their VA Regional Office at 1-800-827-1000 to ensure that the VA Regional Office and their military post is participating in a pre-discharge program.
Education Benefits: To file for education benefits, veterans, service members, reservists, and spouses/dependents of a "service connected" disabled or deceased veteran may use VONAPP. If the benefit you're applying for isn't listed as an option on the VONAPP form check "unsure" for the benefit type and use the remarks section of the application to indicate which benefit you wish to apply for.
Do not use VONAPP if you:
Instead, contact the VA Regional Office handling your application or benefits at 1-800-827-1000 or contact our office for additional assistance.
You have just one year from the notification date of the VA decision to file an appeal. The first step in the appeal process is for you to file a written "Notice of Disagreement" (NOD) with the VA regional office or medical center that made the decision. Following receipt of the written notice, VA will furnish you with a “Statement of the Case” (SOC) describing what facts, laws and regulations were used in deciding the case.
The VA knows exactly what facts, laws, and regulations they applied to your claim. Do you understand what facts, laws, and regulations apply to your claim? To complete the request for appeal, you must file a “Substantive Appeal” within 60 days of date the Regional Office mailed the Statement of the Case (SOC), or within one year from the date VA mailed its decision, whichever period ends later.
If you fail to follow the strict legal directives, your appeal will be denied and you must start over; losing months, and possibly years, in benefits and back pay. As of June 20, 2007, Congress now gives you the right to contact an accredited attorney for assistance. Contact Us Now for immediate assistance.
Board of Veterans’ Appeals (BVA): The Board of Veterans’ Appeals makes decisions on behalf of the Secretary of Veterans Affairs. Although it is not required, a veterans service organization, or, as of June 23, 2007, an accredited agent or attorney, may represent a claimant. Veterans may present their cases in person to a member of the Board at a hearing in Washington, D.C., at a VA regional office, or by videoconference.
U.S. Court of Appeals for Veterans Claims: A final Board of Veterans’ Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims, an independent court, not part of the Department of Veterans Affairs. Notice of an appeal must be received by the court with a postmark that is within 120 days after the Board of Veterans’ Appeals mailed its decision. The court reviews the record considered by the Board of Veterans’ Appeals. It does not hold trials or receive new evidence. Appellants may represent themselves before the court or have lawyers or approved agents as representatives. Oral argument is held only at the direction of the court. Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and may seek review in the Supreme Court of the United States.
| The Law Offices of Russell T. Doncouse 401 Congress Avenue - Suite 1540 Austin, Texas 78701 Phone: (210) 829-8900 Contact Us via Email |
 As Veterans Benefits attorneys located in Central Texas, we represent clients throughout the region, including Waco, Austin, San Antonio, Houston, Beaumont, Dallas and Fort Worth, and all areas surrounding these communities. The nature of Veterans Claims Law also allows us to represent clients throughout the United States. |
