Chapter 11 Appeals

Administrative Appeals

An appeal is a request for VA’s Board of Veterans’ Appeals to review a decision about health care benefits. An appeal may be filed if a Veteran does not agree or is not satisfied with a VA decision. Specific information about the appeals process is available on VA Form 4107 “Your Rights to Appeal our Decision” which is available at http://www1.va.gov/opa/publications

Can I Appeal an Administrative Determination That Denies Me a Health Care Benefit?

Yes. If you believe you have been denied a health care benefit for which you are eligible, you may write VA a letter telling us why you disagree with that decision. Within one year of the date of the initial decision, send the letter — called a Notice of Disagreement — to the VA health care facility where the decision was made.

Can I Request Reconsideration of a VA Decision?

As part of the Appeal process, you may ask VA to reconsider a decision. Within one year of the date of the initial decision, you may submit a “reconsideration” request in writing to the health care facility where the decision was made. A reconsideration decision will be made by the immediate supervisor of the initial VA decision-maker.

You may also request a meeting with the immediate supervisor of the initial VA decision-maker. This is not a formal hearing, but it provides an opportunity for you (and your representative, if desired) to discuss the issues.

You can request that the meeting be taped and transcribed, and a copy of the transcript will be provided to you. After reviewing all the information, the immediate supervisor of the initial VA decision-maker will issue a written decision that either upholds, reverses, or modifies the initial decision. If the decision to deny is upheld, you may still proceed with your appeal.