- 1). First, you need to read over Title 38 of the Code of Federal Regulations. This title covers Pensions, Bonuses and Veteran's Relief. Sections 4.1 through 4.150 cover the Schedule For Rating Disabilities. You cannot argue your case if you don't have the facts, nor understand what they are looking for.
- 2). Seek representation. The cases where a veteran is represented by a VSO (Veteran's Service Organisation) have a higher success rate than those that do not. The VA provides a listing of VSO's by name, state, etc.
- 3). Make sure your NOD says "Notice of Disagreement" in a larger font on the top of the page. Do not assume that they will infer that it is a NOD. Also ensure your name and VA file number are on the top of EVERY page you send to them.
- 4). Be specific in what you are disagreeing with. If you disagree with the rating percentage, state what percentage they awarded you, why you disagree, what you feel the rating should be and support your statement. This is where the Schedule For Rating Disabilities comes in handy. Nothing works better than quoting their own regulations back to them. There should be a separate section for each aspect of their decision that you are disagreeing with, which follows the same format.
- 5). Go to Hadit.com and review previous cases to see if there are any that are similar. Hadit.com is a veteran's discussion board for compensation and pension issues, so you will likely find some folks with similar problems and what worked for them. Typically though, you can't use a previous case as a precedent.
- 6). In your NOD, make sure you request a review from a Decision Review Officer (DRO). They are local review officers that are at the regional office that gave you your rating. It doesn't cost anything, and you may get the answer you were looking for without having to send your packet to Washington.
- 7). If the DRO's decision is unsatisfactory, take it to Washington. You still have the right to dispute the DRO's decision, though you now typically have 60 days to do so, after you have received a Statement of Case (SOC) which is basically the DRO's decision. If you still want to dispute the decision, you now need to fill out and return, within those 60 days, a VA Form 9.
- 8). You can request a hearing with the Board of Veterans Appeals. This hearing can be in person or via video conference.
- 9). Remember the Rule Of Reasonable Doubt which reads:
§3.102 Reasonable doubt.
It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. By reasonable doubt is meant one which exists because of an approximate balance of positive and negative evidence which does not satisfactorily prove or disprove the claim. It is a substantial doubt and one within the range of probability as distinguished from pure speculation or remote possibility. It is not a means of reconciling actual conflict or a contradiction in the evidence. Mere suspicion or doubt as to the truth of any statements submitted, as distinguished from impeachment or contradiction by evidence or known facts, is not justifiable basis for denying the application of the reasonable doubt doctrine if the entire complete record otherwise warrants invoking this doctrine. The reasonable doubt doctrine is also applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat, or similarly strenuous conditions, and is consistent with the probable results of such known hardships. (Authority: 38 U.S.C. 501(a))
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