Can You Appeal a VA Denial of Benefits?

Question:  “The VA has denied our Application for Aid & Attendance benefits for long-term care. May we appeal this decision?”

Answer:  Yes, you can appeal the denial of benefits.  There should be instructions along with the Notice of Denial.  Check with the Department of Veterans Administration and they will have a list of Accredited Attorneys that are qualified to bring your appeal.  Only an Accredited Attorney may represent you in an appeal.  The Accredited Attorney will know how to determine the cause of the denial and what evidence may be missing from your original application and to file the appeal.  The appeals process requires the attorney to file a copy of the contract of representation with the VA before he can represent you.  The attorney cannot charge you to file the Notice of Appeal, but he can charge you once he is recognized by the VA as your representative.  Time is of the essence so read the Denial Letter and the other enclosures to stay within the time requirements for filing the Notice of Appeal.

Ivan Michael Tucker, Esq.
Law Office of I. Michael Tucker, PLC
Member of the national ElderCare Matters Alliance, Florida chapter

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