When you file a VA disability claim, you have legal rights that the VA is required to honor throughout the process. These rights come from federal law and are spelled out in the M21-1 Adjudication Procedures Manual that VA employees must follow. Understanding these rights helps you hold the VA accountable and ensure your claim gets a fair review.
You have the right to be informed about what evidence is needed to support your claim and who is responsible for obtaining it. The VA must send you a notice within days of receiving your claim explaining what still needs to be established, what evidence would help, and what the VA will do on your behalf to develop the claim. This is sometimes called the VCAA notice.
You have the right to submit evidence at any point while your claim is pending. This includes medical records, buddy statements, personal statements, photographs, and expert opinions. There is no limit on the type or amount of evidence you can submit, and the VA must consider all of it.
You have the right to representation. You can appoint a Veterans Service Organization, attorney, or claims agent to help you with your claim at no cost to you for VSO services. Your representative can access your claims file, submit evidence on your behalf, and argue your case.
You have the right to a fair and impartial review. The VA rater must consider all evidence in your file, apply the benefit of the doubt doctrine when the evidence is roughly equal, and provide a clear written explanation of the decision including the reasons for any denial.
You have the right to appeal any decision you disagree with. There are multiple appeal lanes including supplemental claims with new evidence, higher-level reviews, and appeals to the Board of Veterans Appeals. Each has different timelines and requirements.
You have the right to access your complete claims file. You can request a copy of your C-file through the VA, your VSO, or through a Freedom of Information Act request. Reviewing your file is one of the most important steps in building a successful appeal.
You have the right to a hearing before the Board of Veterans Appeals if you choose that appeal route. You can appear in person, by video conference, or submit your appeal based on the written record alone.