You have just received notification that your VA disability claim has been denied. This initial denial, while unfortunate, is not the end of the road for your claim. You do have options to have your denial reviewed, including requesting a veterans law judge with the Board of Veterans’ Appeals review your claim.
When you choose to appeal your claim denial to the Board of Veterans’ Appeals, you have a choice whether to request a hearing on your claim. The other option is to allow the judge to make their ruling based on the evidence submitted to them for review. Is there an advantage to requesting a hearing? Like most legal questions, the answer is, “It depends on your situation.”
If your initial VA claim has been denied, you can increase your chances of a successful appeal by hiring experienced veteran disability appeals lawyers at Werner, Hoffman, Greig & Garcia. Call us at (800) 320-HELP or submit our online contact form to schedule your free case evaluation today.
The Different Levels of VA Appeals That You Can Pursue
Navigating the VA appeals process can be a crucial step for veterans seeking to secure the benefits they deserve after an initial claim decision. Understanding the different levels of appeal ensures that you choose the most appropriate path depending on your circumstances and the specifics of your case.
Supplemental Claim
A Supplemental Claim is the first option in the appeals process if new and relevant evidence has surfaced since your initial claim. This level allows veterans to submit additional information or documentation that could potentially alter the VA’s decision.
The primary advantage of a Supplemental Claim is that it provides a straightforward way to present new and relevant evidence, which the VA is required to consider. When pursuing this option, it’s crucial to gather and organize all new evidence carefully. The VA’s decision will largely depend on the new information provided.
The VA aims to expedite these reviews, typically taking a few months. This makes a Supplemental Claim a relatively quick process compared to other appeal levels.
Higher-Level Review
The Higher-Level Review offers veterans a chance to request a fresh look at their claim by a senior claims adjudicator. This option does not allow for the submission of new evidence. Instead, it focuses on determining if an error occurred during the initial decision-making process.
One of the main benefits of a Higher-Level Review is the potential for a quicker resolution. These reviews often conclude within a few months. Veterans can also request an informal conference with the reviewer, providing an opportunity to discuss VA errors in the initial decision.
However, since no new evidence can be added, it’s essential to ensure that the original claim was complete and accurate before pursuing this option.
Board of Veterans Appeals Hearing
For a more formal examination, the Board of Veterans Appeals (BVA) is an option that provides a comprehensive review of your case. The BVA consists of Veterans Law Judges who scrutinize all aspects of the claim, including any new evidence submitted.
This level of appeal offers the chance for a hearing, where veterans can present their case directly. While the BVA process can be lengthy, often taking a year or more, it allows for a thorough review of the claim and all associated evidence.
Veterans opting for this appeal must be prepared for potential delays. However, they can benefit from the detailed consideration given to their case by experienced judges.
U.S. Court of Appeals for Veterans Claims
The U.S. Court of Appeals for Veterans Claims is the final step in the VA appeal process. It is intended for veterans who believe that the VA or BVA made legal errors in their decisions. At this level, the process becomes more judicial, involving legal briefs and arguments presented before a judge.
This court does not reassess the factual basis of the claim. Instead, the CAVC focuses on whether the law was applied correctly. Although this is the most complex and time-consuming option, potentially taking several years, it offers veterans the chance to address perceived legal injustices in their cases.
Engaging legal representation by seasoned WHG veteran disability lawyers is often advisable at this stage. They have the skills to effectively navigate the intricacies of veterans’ law.
Why Veterans Request Board of Veterans’ Appeals Hearings on Their Claims
The VA disability claims process can be rather impersonal. During the initial claim process you do not meet with or speak to the individual who is processing your claim. Your only communication with this person is the evidence and records you submit to them for review.
Your documentation is what helps tells the story of your service and disability. Once your appeal has been reviewed, then a Veterans Service Representative will send a letter informing you of their decision.
A hearing before a veterans law judge with the Board of Veterans’ Appeals represents a rare opportunity, then, for veterans to speak directly to someone at the VA who has the authority to approve their claim. You may feel as if you are your best advocate, and that being able to tell your story to another person represents your best chance of impressing upon the judge your unique circumstances.
Things to Consider Before Requesting a Board of Veterans’ Appeals Hearing
The decision to request a hearing is one that you should make after carefully considering the advantages and disadvantages of doing so with your VA disability appeals attorney. Three things you should keep in mind, though, about in-person and virtual hearings before the Board of Veterans’ Appeals include:
There is a Significant Difference in Wait Time
If you request any type of hearing before the veterans law judge, you can expect a longer wait time for your claim to be heard. The Board of Veterans’ Appeals estimates wait times can be up to two years for your claim to be decided if you request a hearing. You may not wish to have a hearing if you want a speedier resolution to your appeal.
You May Not Be the Best Person to Tell Your Story
Some veterans have suffered mental or cognitive injuries that can hamper their ability to present a compelling case for themselves. If you get irritated, frustrated, or angry when questioned, it may be worth considering foregoing a hearing.
The Judge Must Follow the Law in a Board of Veterans’ Appeals Hearing
Finally, although veterans law judges are humans and many do sympathize with veterans and their injuries, these judges are tasked with applying settled legal principles to the facts of your case. If the law clearly indicates your claim should be approved or denied for disability benefits, there may be little advantage to requesting a Board of Veterans’ Appeals hearing.
Contact Werner, Hoffman, Greig & Garcia If Your VA Disability Claim Has Been Denied
If you have received notice that your VA disability claim has been denied, talk with us at WHG about your next steps. We understand the challenges veterans go through, especially after a claim denial. Set up a consultation about your claim by calling us at (800) 320-4357. You can also text us or contact WHG online.
Frequently Asked Questions
Why are initial VA claims denied?
Initial VA claims are often denied due to insufficient evidence to support the veteran’s condition or a lack of service connection. Errors in the application process, such as missing paperwork or incorrect information, can also lead to denials. Ensuring complete and accurate submissions can help mitigate these issues.
What is the cost of hiring a veteran disability appeals lawyer?
The cost of hiring a veteran disability appeals lawyer typically varies based on the complexity of the case and the lawyer’s experience. WHG veteran disability lawyers work on a contingency fee basis. We recover a percentage of the back pay awarded if the appeal is successful. It’s important to discuss fees upfront to avoid surprises.
What documentation do I need for a successful VA claim or appeal?
For a successful VA claim or appeal, veterans should provide comprehensive medical records, service treatment records, and any new evidence that supports their condition. Detailed statements from healthcare providers and personal statements can also strengthen the claim.
