VA Disability Appeals
After filing an initial application for VA disability benefits, some applicants receive a rating decision from the U.S. Department of Veterans Affairs that does not match the true extent of their disability.
Veterans have the right to appeal a denied claim for benefits or a disability rating assigned by the VA. Unfortunately, despite efforts to improve the system, the VA disability appeals process can be incredibly complicated. Even minor missteps can cause delays or prevent deserving veterans from receiving the disability benefits they need and deserve.
Fortunately, you don’t have to navigate a VA disability appeal alone. Help is available. An accredited VA attorney can advocate for you, help you navigate the appeals process, and fight to secure the disability benefits you need to move forward with your life.
The VA does not always assign a proper rating to a veteran where they should receive perhaps a higher rating. Many veterans accept that VA rating as final, not realizing that they may be entitled to a higher rating or more. You should appeal if VA denied benefits for a disability you believe should be service connected, or you believe your rating is simply too low. A VA accredited representative gets paid only if you win, and the VA has approved the fee.
The VA does not always assign a proper rating to a veteran where they should receive perhaps a higher rating. Many veterans accept that VA rating as final, not realizing that they may be entitled to a higher rating or more. You should appeal if VA denied benefits for a disability you believe should be service connected, or you believe your rating is simply too low. A VA accredited representative gets paid only if you win, and the VA has approved the fee.
How Many Times Can You Appeal?
If the VA denies your application for VA disability benefits or gives you a low disability rating, you’ll have one year to file an appeal. You can appeal your claim as often as needed until you achieve your desired result.
However, you cannot file two Board Appeals in a row. You can, however, file another type of appeal, such as filing a supplemental review and submitting new evidence to support your claim.
If the Board denies your application, you can appeal to the U.S. Court of Appeals for Veterans Claims.
If you don’t file an appeal within one year of the initial decision, you lose the right to do so. However, you can file another application seeking the same disability benefits.
How to Prepare For the Appeals Process
While you technically have unlimited appeals for a VA disability claim, you won’t want to be caught up in the appeals process forever. Taking a few simple steps can increase the chances of a successful appeal the first time around.
Request a Copy of Your VA Case File
First, you’ll want to obtain a copy of your VA case file, or C-File. The C-File contains all of the records regarding your initial claim for disability benefits, including service records, medical records, Disability Benefits Questionnaires, lay evidence, and decisions made by the VA.
You can request a copy at your local VA Office by completing VA Form 3288, Request and Consent to Release of Information from Individual Records.
Collect Evidence
The VA often denies claims benefits due to a lack of evidence. When you appeal, prepare by gathering evidence that bolsters your case. Include the following:
- Medical records
- Test results
- Personal accounts from friends, colleagues, and family members
- Any other documents demonstrating your need for benefits
Your attorney can help you review your initial claim for VA disability benefits and determine if any evidence or documentation was missing.
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Prepare For Your Presentation
Review your claim, reexamine your supporting documentation, and consider any questions the Board of Veterans’ Appeals might ask at your hearing.
When it’s time for your hearing, you’ll have the opportunity to answer questions about your claim, tell your side of the story, and try to convince the Board that you deserve an award of disability benefits.
If you think ahead about questions the Board might pose about your claim, you and your attorney can prepare answers that make the strongest case and set you up for a successful result.
How Long Do Appeals Take?
Don’t expect an immediate answer after you’ve had your hearing before the Board of Veterans’ Appeals. Once the hearing ends, you’ll have 90 days to submit additional evidence and documentation for review.
Once the 90-day period has passed, your case will formally be put up for review by a judge.
From start to finish, you can expect the VA disability appeals process to take anywhere between one and seven years, depending on the type of appeal you file and the complexity of your case.
If your appeal is denied, follow up and file another appeal immediately. The sooner you start the appeals process, the sooner you can get your hearing set and fight to secure the disability benefits you deserve. Given the length of time the appeals process can take, prompt action is critical.
It’s important to note that Veterans who are homeless, suffering from a terminal illness, or age 75 or older can request an expected review of their application for disability benefits. If you qualify, your attorney can help you complete VA Form 20-10207 and ask to have case-related decisions made more promptly.
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