Filing a disability appeal with the U.S. Department of Veteran Affairs is often a difficult process. If you wish to challenge a disability rating or decision, it’s crucial that you begin as soon as possible. You have one year from the date of the decision to file an appeal, but the VA disability appeal process might take several years. What is the typical length of the VA appeals process? Below, we cover a general timeline and what to expect. To learn how long the process may take in your situation, talk to our VA attorney at the Comerford Law Office.
Once you’ve filed the initial application, you can initiate the appeals process after receiving a decision from the VA that indicates your disability benefits were denied. If you reopen a claim that has already been denied or request an increase, the process can take between 6 to 18 months.
The rating decision provides a detailed explanation of whether your application was approved or denied. You have a year to appeal the decision, which is done through one of three decision review options: filing supplemental claims, requesting a higher-level review or asking for a board appeal. If the first option you select does not achieve satisfactory results, you may try again using another option.
Filing a Supplemental Claim allows you to add or identify new evidence that can be used to support your case. The evidence must not have been provided to VA previously and should be relevant to your case. You can submit the evidence yourself or request the VA to gather it for you. Ideally, applicants should submit their new evidence within a year of receiving the decision letter. On average, processing time takes about 4 to 5 months.
You may request that a senior reviewer complete a new review of your application within a year of receiving your decision letter. The process involves an informal conference call in which you or your representative discuss the errors that warrant a changed decision. Note that you cannot submit new evidence during this review.
If you choose a Board Appeal, you will appeal your case to a Veterans Law Judge at the Board of Veterans’ Appeal. There are three options for a Board Appeal review:
The VA disability appeals process is complex, and it can take time to receive the decision you are seeking. Call a Chicago VA lawyer at the Comerford Law Office for guidance through your case.
Retroactive pay regarding the failure to account for all the veteran’s medical conditions.
Military Sexual Trauma case
Disability associated with Chronic Fatigue Syndrome
Retroactive pay regarding a PTSD misdiagnosis.
PTSD resulting in Unemployability
Traumatic brain injury case
Wrongfully denied SSA claim
Post-traumatic stress disorder (PTSD)
Non-presumptive cardiac impairment linked to Agent Orange
Agent Orange exposure case that led to Parkison’s disease.
ERISA long term disability benefits.