The VA Appeal Process
The VA Appeals Process
Every year, about one-third of all claims filed for VA disability are denied. If your claim is denied, or if you feel the decision reached on the amount of disability payments to which you are entitled was wrong, you have several options for appealing the decision.
You have one year after the denial to file your appeal. After that time, you may have to refile your entire claim.
Types of Appeals Offered by the VA
The VA offers three types of review for decisions on disability claims. However, it is important to understand that not all three types are available for every claim. The type of review granted for your case will depend on several factors, including the reason your claim was denied in the first place.
- Supplemental Claim Appeal. A supplemental claim is available if there was missing evidence at the time the VA made its ruling that could have influenced the outcome of your case. If you feel that more information should have been available for review, you want to choose a supplemental claim and add this information to your case file.
- Higher-Level Review. If you believe that the VA simply made the wrong decision in your case and would like them to look again at the evidence available, you can file a higher-level review. In essence, this type of appeal is disputing the original decision and pointing out any information that you believe may have been overlooked.
- Appeal to the Board of Veterans’ Appeals. If you would like a Veterans’ Law judge to review your case, you must file an appeal to the Board of Veterans’ Appeals.
Should I Hire A Lawyer for My Appeal?
VA disability claim appeals have about a thirty percent success rate when filed by veterans without the assistance of an attorney. While the VA does offer help in filing your claim and your appeal, it is unlikely that this help will allow you to navigate all of the complexities of the appeals process, which can be lengthy and difficult.
Hiring an attorney for your appeal is often a good choice. A VA claims attorney will not only handle the complicated and confusing paperwork for you, but will also advocate for your case with an understanding of the VA laws and regulations that may not be apparent to veterans themselves. By having a solid understanding of VA rules and procedures, attorneys may be able to help veterans speed up the appeals process and make it more likely that they receive a favorable outcome.
