On What Grounds Can The Denial Of My Claim For Benefits Or Services Be Overturned?

If new and material evidence has been presented that affects a previous denial of a claim the secretary can reopen the claim for review and possibly reverse the previous decision to deny the claim. Also, if the Board of Veterans’ Appeals or a court of law finds that a denial of benefits by the Department has been made because of a “clear and unmistakable error,” the decision can be revised or reversed. If a decision regarding a benefit or service claim by a veteran has been remanded to a regional office for reconsideration by the Board of Veterans’ Appeals or a court of law, the regional office must expedite such a matter to make the proper decision regarding the claim in a timely manner.

Other Veterans Law FAQs

Q: What Is Veterans' Law?
A: Obviously, if you are a veteran you are still subject to most of the same criminal and civil laws as the rest of us. However, there are certain laws that apply … More
Q: What Is The Servicemembers Civil Relief Act (Scra)?
A: The SCRA was created in 2003 completely replaced the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) of 1940. The SCRA (and previously the SCCRA) … More
Q: Am I Entitled To Legal Protections Under The Scra?
A: It depends. Those who qualify for the protections of the SCRA include the following: Active duty members of the Army, Navy, Air Force, Marine Corps, … More
Q: Who Is Eligible For Benefits And Services Under The Laws Of The Department Of Veterans Affairs?
A: Generally, anyone who has served in the military, and was discharged from service under conditions other than dishonorable. Anyone who has enlisted with any … More
Q: I Was Injured While Serving In The Military – Am I Eligible For Any Benefits?
A: It depends. In order to receive benefits for injuries from the Department an applicant must qualify for “active duty” status as discussed above, meaning … More
Q: What Kind Of Legal Protections Am I Entitled To If I Qualify For The Protections Of The Scra?
A: The SCRA states that a debt incurred by a servicemember, or servicemembers and spouse jointly, prior tot entering military service shall not bear interest … More
Q: How Does A Servicemember Or Dependent Request Relief Under The Scra?
A: In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of … More
Q: I Lied To The Department Of Veterans Affairs So That I Could Receive Benefits. What Can Happen To Me?
A: If you intentionally make a false statement, or even help someone else present a false statement regarding benefits to the Department, you will forfeit all of your … More
Q: I Have Been Charged With A Crime. Can That Affect My Receipt Of Benefits?
A: Yes. If you have been indicted for the commission of a crime the Department may suspend the distribution of any benefits, and you will forfeit your rights to any … More
Q: During What Time Period Do The Protections Of The Scra Apply?
A: SCRA protections generally begin the first date of the active duty period, and may extend from 30 days up to 180 days after the member is released from active duty. More