Understanding what you need to do to appeal an unfavorable decision on a VA disability benefits claim can help you secure the financial resources you deserve for serving your country.
Initial VA Decisions and Your Right to Appeal
When a veteran applies for disability benefits, the VA will review the veteran’s application, medical records, service records, compensation and pension exam report, and other supporting documentation (such as buddy statements) to determine whether the veteran has a service-connected disability and evaluate the disability rating for that condition. In many cases, a veteran will receive a notice that the VA has denied their disability benefits claim or that the VA has rated their disability lower than the veteran expected.
Fortunately, the VA offers a decision review process for veterans to challenge claim determinations they disagree with. In the VA, veterans have several avenues for appealing an unfavorable decision on their disability benefits claim. In some options, a veteran can present additional evidence or documentation to shore up deficiencies in their application that may have led to the unfavorable determination. In most cases, a veteran has one year after receiving a decision letter to pursue an appeal.
The Modernized VA Appeals Systems
Over the past few years, the VA has modernized its appeals process to help veterans obtain quicker review of initial decisions. Under the current appeals system, a veteran may choose from three options:
- Supplemental Claim
- Higher-Level Review
- Board of Veterans’ Appeals (BVA) Review
Choosing one option does not bar a veteran from pursuing others. Should a veteran fail to overturn an unfavorable decision through their first option, they can pursue another option if the deadline for seeking review under that option has not expired. The first path a veteran chooses may depend on the circumstances of their case, including the reason(s) for the VA’s initial decision and whether the veteran has new information to present.
The Three Appeal Options Explained
In a Higher-Level Review, a senior VA claims examiner conducts an entirely new review of the veteran’s disability benefits claim. Veterans may not submit new or supplemental information or evidence during higher-level review; the senior reviewer examines the record as the initial claims reviewer reviewed it. A higher-level review can provide quick decisions. As a result, veterans may pursue higher-level review if they believe the initial claims reviewer made an error in reviewing the veteran’s application.
Veterans who receive unfavorable decisions can file a supplemental claim, which allows them to submit new evidence not previously considered by the VA. Veterans frequently file supplemental claims to appeal unfavorable decisions based on missing or inadequate evidence or when they obtain new medical information that further supports their claim.
Finally, a veteran may request review by the Board of Veterans’ Appeals, an administrative review board within the VA. The BVA offers veterans three types of review:
- Direct review: The BVA reviews the veteran’s claim based on the existing record without taking new evidence or holding a hearing.
- Evidence submission: A veteran can submit additional evidence for the BVA’s consideration without requesting a hearing.
- Hearing: A veteran can request a formal hearing before a Veterans Law Judge, where the veteran may present new evidence or testimony to support their claim.
Tips for Navigating the VA Appeals Process
Things veterans should keep in mind when pursuing VA disability claims appeals include:
- Remembering the deadlines for challenging the initial decision, as the decision letter will inform the veteran how long they have to appeal
- The need to organize medical and service records to ensure the VA has all relevant information
- The importance of counsel from an experienced VA disability attorney
Furthermore, veterans should know they have further options beyond administrative appeals with the VA, including seeking judicial review in the U.S Court of Appeals for Veterans Claims.
Contact a VA Disability Lawyer Today
When the VA has denied your disability benefits claim, you can continue to seek further review of your claim and supplement your application with further information and evidence. Contact Veterans Law Attorneys today for a free initial consultation with a VA disability benefits attorney to learn more about the appeals process.