Veterans Guide Videos

How to Appeal a Denied VA Claim?

Video Transcript

The veteran has one year from the date of the notification of a VA decision to file an appeal.

In the first appeal step, the Veteran files a written notice of disagreement with the VA regional office, the medical center, or the National Cemetery Office that made the decision. In 2017, the VA moved away from the legacy process to accommodate the new Appeals Modernization Act. I’ll call it the AMA. For claims after February 2019, AMA provides three options for veterans. First, veterans may seek a higher-level review of the decision based on the same evidence presented to the initial claims processors. This is similar to the reconsideration process for Social Security Disability benefits.

A second option, veterans may file a supplemental claim that includes the opportunity to submit additional evidence. This is also similar to Social Security where you submit evidence five days before your hearing. And finally, veterans may file an appeal to the Board of Veterans Appeals. Veterans appealing to the board may elect one of three appellate review options. First, direct review of the same evidence considered by the agency of original jurisdiction or opportunity to submit additional evidence without a hearing.

And third, an opportunity to have a hearing before a veteran’s law judge that includes ability to submit more evidence. Unfortunately, Social Security does not have an option to bypass the reconsideration process. The VA averages about 12 to 18 months to review appeals and the Board of Veteran Appeals average five to seven years for a decision.

Featured In This Video:

Linda Cosme | VA-Accredited Attorney & U.S. Army Veteran

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