Some veterans who apply for VA disability benefits will have their claims denied upon initial review and after requesting a higher-level review or supplemental claim. Fortunately, the VA offers continued appellate options to veterans who receive an upheld denial notice after a supplemental claim or initial review. A veteran can file VA Form 10182 to request a review of their case by a veterans law judge with the Board of Veterans Appeals.
What Is VA Form 10182?
VA Form 10182 allows a veteran to request an appeal to the VA’s Board of Veterans Appeals after an unfavorable decision on their disability benefits application after initial review, denial by a higher-level claims review, or denial of a supplemental claim. A veteran may file VA Form 10182 to request review by a veterans law judge within one year of the initial decision notice for their disability benefits application. When a veteran files a request for review, they can choose one of three review options.
The Three Types of Review Options
A veteran may choose from three types of Board Review opinions for their VA disability benefits application:
- Direct review: In a direct review, a veterans law judge will review the case file for a veteran’s disability benefits application without the veteran submitting additional evidence or information and without granting the veteran an administrative hearing. Direct review usually leads to the quickest decision on a veteran’s request for Board Review.
- Evidence submission: An evidence submission review allows a veteran to submit additional evidence not previously considered by claims reviewers. A veteran must submit their additional evidence within 90 days of the Board’s receipt of the veteran’s VA Form 10182.
- Hearing with a veterans law judge: A veteran can request a hearing before a veterans law judge in-person in Washington, DC, via a videoconference link at a VA regional office, or via a virtual telehearing on the veteran’s internet-connected device. A hearing allows a veteran to submit additional evidence and present legal arguments to the veterans law judge.
Choosing evidence submission or a hearing can extend the time it takes the veterans law judge to render a decision.
How to Complete and File VA Form 10182
When completing VA Form 10182, a veteran must remember to include their name, file number, date of birth, mailing address, telephone number, email address, and the name of the veteran’s accredited representative (if they have one). The veteran must select which form of review they want. Finally, the veteran must identify the issue(s) they want the veterans law judge to review and the date of the decision(s). Veterans may submit VA Form 10182 via mail to the Board of Veterans’ Appeals address listed on the form paperwork.
What to Expect After Filing
After filing VA Form 10182, a veteran or their representative should confirm the Board’s receipt and the placement of the veteran’s case on the Board’s docket. The estimated timeline of review will depend on which type of review the veteran selected. At the end of the veterans law judge’s review, they may grant review and issue a new decision, deny review and uphold the rejection of the veteran’s disability benefits claim, or remand the case back to the VA for further development of the record. Should the veterans law judge deny review, a veteran may further appeal their case to the U.S. Court of Appeals for Veterans Claims, a federal court that exercises judicial review of VA decisions.
Contact a VA Disability Benefits Lawyer Today
After VA claims reviewers reject your application for disability benefits, you may seek further review by appealing your case to a veterans law judge. Contact Veterans Law Attorneys today for a free, no-obligation consultation with an experienced VA disability lawyer to discuss your options for continuing to pursue a VA benefits claim after the Department denies your claim on initial and higher-level review.
