Denial Definition

CCK Law: Our Vital Role in Veterans Law

Both the Regional Office and the Board of Veterans’ Appeals will deny a claim when the VA decides that a veteran or claimant is not entitled to the benefits being sought. Essentially, this means that the veteran will not receive the benefits for which they applied. After receiving a denial from the Regional Office, veterans have three appeal options: (1) file a supplemental claim; (2) file for higher-level review; or (3) file a Notice of Disagreement (i.e., appeal to the Board). Veterans have one year from the date of the denial to select one of the above-mentioned appeal options in order to preserve their effective date.

When the Board denies a claim, veterans have two options to challenge the denial. First, they are able to appeal to the Court of Appeals for Veterans Claims (CAVC) if they believe the denial is improper. In other words, if the veteran believes that the Board committed a legal error in their case, an appeal to the Court may be warranted. The CAVC is an independent judicial entity and is not part of the VA benefits system. The Court has jurisdiction over decisions made by the Board and veterans have 120 days from the date of their Board denial to appeal to the CAVC. The second option veterans have after a Board denial is to file a supplemental claim at the regional office within a year to preserve their effective date.