Your Right to Appeal Our Decision
There are two types of appeals and, respectively, two different appeal paths to take:
- A clinical appeal - when a veteran is denied a form of treatment or a particular medication; and
- An administrative appeal - when a veteran appeals an administrative decision, for example, a denial of medical service, because a veteran does not qualify for the VA care.
According to Form 4107VHA VA, to start the appeal process a veteran must send the VA a Notice of Disagreement. If desired, a veteran can give the VA additional evidence relating to the claim to show them they were clearly wrong in denying the benefit. The VA reviews the new evidence along with the information they already have and replies with a Statement of the Case - a document outlining the reasoning behind their initial decision. The VA also sends a copy of VA Form 9, Appeal to Board of Veterans' Appeals. A veteran has an option to request a Board hearing to complete an appeal.
VA Decision Appeal form mentions veterans' right to representation. Veterans can get someone to help with the appeal process. It can be a representative from the Veterans Service Organization, an attorney, or an «agent». The latter two can charge a veteran for their services, and it is a veteran's responsibility to pay. On the contrary, Veterans Service Organizations will help a veteran for free.
VA Appeal Form 4107 Series
The Department of Veterans Affairs VA Form 4107VHA has four other related forms:
- VA Form 4107, Your Rights to Appeal Our Decision gives background information relevant to all appeals against the VA;
- VA Form 4107c, Your Rights to Appeal Our Decision - Contested Claims covers contested claims that take place when two persons file a formal claim in order to receive the same benefit;
- VA Form 4107VRE, Your Rights to Appeal Our Decision applies to services that help veterans to prepare for, obtain, and keep suitable employment;
- VA Form 4107INS, Your Rights to Appeal Our Decision refers to life insurance policies and related services.