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How do I dispute a veteran's spouse benefit ruling?

Status: Open    Jul 28, 2014 - 09:44 PM

VA Benefits

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Expert Answers

Aug 18, 2015 - 02:06 PM

Depending on the reasoning behind the VA's initial decision you have two options. You can either reopen the original claim by submitting new evidence that would favor a better outcome, this can be anything depending on the type of benefit sought. The other option is to file a Notice of Disagreement or NOD. That is the first step in the VA Appeal's process. Once the VA receives an NOD then a Form 9 needs to be submitted outlining what and why you want to appeal. However, please note the a typical VA Appeal is at least 5 years from start to finish. Your best bet is to have an accredidted veterans service officer review the initial denial and help you proceed from there. VSO Reps provide assistance free of charge to veterans and their dependents.

Source: My Knowledge as a Veterans Service Officer, trained and accredidted in Veterans Benefits.

Aug 20, 2015 - 06:46 AM

The Form 9 is not used unless you are denied at the Decision Review Officer (DRO) stage - while I have had a few appeals take 5 years - those are usually because the claimant passed during the appeal and we had to do substitution of a claimant - typically I see it taking less than one year for a Notice of Disagreement with DRO - and frequently a lot less. Your best bet, in my opinion, is to work with a VA accredited agent who specializes in VA pension (not compensation).


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