The veteran must file an original claim with the VA before an attorney can get involved in the case.
To file an original claim with the VA use the Application for Disability Compensation and Related Disability Benefits, and numbered: 21-526EZ. This form can be obtained on-line at: https://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf.
Once you fill out the 21-526EZ form, you will file with the VA regional offices located nearest the veteran’s residence, online at www.ebenefits.va.gov, or through mail & fax. Keep any receipts of submission including certified mailing receipts or notices from the VA to ensure you have the proper dates for when claims have been started.
Department of Veterans Affairs
Evidence Intake Center
PO Box 4444
Janesville, WI 53547-4444
Fax: 844-531-7818
Foreign Claims Fax: 248-524-4260
Rating Specialists will look over your claim and make a decision on your case (percentage, service connection, etc), and issue you a decision.
If you disagrees with one or more of the determinations in the rating decision, then you have one-year from the date of the decision to file a VA disability appeal. This is when an attorney can represent you through the VA benefits process, so pay attention to any documents pertinent to appeal and send it to your attorney!
Three Appeal Avenues: The appeal information should be mailed to the veteran along with the rating decision, but it can be easily obtained on-line at the links listed below for each.
1.Supplemental Claim: You must submit “new and relevant” evidence with this type of appeal. The VA will review the additional evidence and send out a new Rating Decision. You can easily obtained this form on-line at https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf.
2.Higher Level Review: This is a request for a new review of your claim by a higher level judge. The higher-level reviewer WILL NOT consider new evidence since the rating decision. You are able to request an informal conference with the Higher Level Reviewer to discuss your claim(s). You can easily obtain this form on-line at https://www.vba.va.gov/pubs/forms/VBA-20-0996-ARE.pdf
3.Decision Review Request for Board Appeal (Notice of Disagreement): Your attorney can appeal your case directly to the Board of Veterans Appeals (BVA) and your case will be reviewed by a Veterans Law Judge (VLJ). You have the option to have the VLJ review the current evidence only, submit additional evidence, and/or request a hearing with the VLJ. You can easily obtain the form on-line at https://www.va.gov/vaforms/va/pdf/VA10182.pdf
Contact Balkcom Law Firm if you have questions about doing an appeal to the VA, VBA or even the Court of Appeals for Veterans’ Claims.