Appealing a VA Decision in Texas
While we always hope a Veterans claim will be approved, but the VA does not always make the correct evaluation of a Veteran’s initial claim. They receive thousands of claims per month and are given the difficult task of sorting through decades worth of potential evidence. When initial claims are denied, or assigned a lower-than-expected rating, or applied to an incorrect effective date, the Veteran has the right to appeal.
There are several different ways to appeal a ruling based on what you believe the VA’s error was. Berry Law helps Veterans cut through the red tape and file high quality evidence-based appeals that have achieved desired results for Veterans for decades.
We have representatives in multiple cities, but the location of your attorney does not actually impact the process because it is Federal in nature. Berry Law has helped Veterans in Texas, and each of the other 49 states, along with Veterans in US territories and foreign countries.
The appeals process can be long, 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.
The first type of appeal is usually a Notice of Disagreement (NOD). This form notifies the VA that you disagree with the decision that has been made. An NOD can simply state “I disagree”, or can include substantial amounts of supporting evidence. There are two Regional Offices in Texas, which are located at: 6900 Almeda Road, Houston, TX 77030, and 701 Clay Avenue, Waco, TX 76799.
The Regional Office will reply with a Statement of Case (SOC), which presents the state of the case and is sent to the Board of Veterans’ Appeals (BVA). The BVA will conduct their own review to reach a decision. 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.
Under the proposed Appeals Improvement and Modernization Act, there are now 3 avenues for appeals of initial rating decisions. To determine which matches your needs, it may be wise to consult with a Texas disability appeals attorney.
If you would like help appealing a VA decision in Texas please contact the team of attorneys at Berry Law Firm for a free consultation on what your options may be.