Appeal Denied

VA Claim Appeals

Appeal Denied

November 8, 2023
Question

What can I do if my appeal is denied at the U.S. Court of Appeals for Veterans Claims?

Answer

Thank you for your question. If you don’t agree with how the U.S. Court of Appeals for Veterans Claims (Court) decided your case, you have 21 days from the date of the decision to file a motion with them asking for reconsideration.

A Motion for Reconsideration allows you to point out laws or facts you believe the Court overlooked or misunderstood when it decided your case. Reconsideration is done in writing only. There are no hearings you need to attend. Because there are no hearings, you have to be sure to write a short, clear explanation of what you believe the Court overlooked or misunderstood.

If your Motion for Reconsideration is not successful, you can file a new appeal to the U.S. Court of Appeals for the Federal Circuit. You must do this no later than 60 days after the Court entered its judgment on your reconsideration.

Lastly, you always have the option to re-file your claim at the Regional Office. However, if you choose this option, we recommend that you contact your local Veterans Service Organization (VSO) for help and resources.