Appealing a VA Decision in New York
Unfortunately, the VA does not always make the correct decision for a Veteran’s initial disability benefits claim. If an initial claim is denied, rated too low, or given an improper effective date, you can appeal the decision. This is where a New York Veterans benefits lawyer from our team can step in.
You can appeal the VA’s decision in a number of different ways depending on how the decision was reached. Berry Law helps Veterans cut through the red tape and file high quality appeals. Our tam has helped Veterans recover over $100 Million in backpay owed to them by the government. We have representatives in multiple cities, but the location of your attorney does not actually impact the process because all claims are Federally adjudicated. So, you don’t technically need a VA disability attorney in New York. In fact, Berry Law has helped Veterans in New York and every other state in America, along with Veterans living abroad.
Some appeals processes can last years, but as long as you have preserved your effective date by keeping appeals open, you are entitled to receive back pay for every month that elapsed during the process. Most appeals begin with filing a Notice of Disagreement (NOD) with your VA Regional Office. The NOD, usually due within one year of a rating decision, notifies the VA that you disagree with the decision that has been made. NODs can be as simple as filling out the form and commenting “I disagree,” or can include dozens of pages of supporting material. The Regional Offices in New York are located at:
- New York: 245 W. Houston St, New York, NY 10014
- Buffalo: 130 South Elmwood Ave, Buffalo, NY 14202
The Regional Office responds to NODs with a Statement of Case (SOC), which outlines of the case and is sent to the Board of Veterans’ Appeals (BVA). The BVA will issue a decision that may or may not satisfy the Veteran. If you are unsatisfied with the BVA decision, you can then appeal to the US Court of Appeals for Veterans Claims (CAVC) for further adjudication. If you would like help appealing a VA decision in New York, please contact a New York Veterans benefits lawyer from our team for a free consultation.