General Information About Filing Your Appeal

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General Information About Filing Your Appeal
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General Information About Filing Your Appeal

Your case isn’t over after your claim has been denied. But what are your next steps? Should you appeal?  If so, how do you file an appeal?

Why file an appeal?

Even if the BVA has recently denied your claim for VA benefits, your case doesn’t have to be over. You have the right to appeal the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (Court), a special court for veterans and their families. The Court is a separate, independent body. It is not part of the VA. In order to continue your claim, you will need to file a separate appeal to that Court.

How do I file an appeal?

You don’t need a lawyer to file the appeal forms. You can do it yourself simply by filling out the Court’s Notice of Appeal Form. You can use this classroom to learn how to file an appeal. Remember, there’s a $50 fee to file your appeal, but you can ask the Court to waive the fee by filing a Declaration of Financial Hardship Form. You may also ask for help with getting these forms from The Veterans Consortium Helpline, by contacting them at 855-446-9678 or helpline@vetsprobono.org.

Remember, don’t delay! You only have 120 days from the mailing date of your BVA decision to file an appeal. You won’t get an extension.*

*Extensions may be granted in rare circumstances, such as extended hospitalization. File your appeal promptly to meet the 120 day deadline.