For many veterans, obtaining VA benefits is crucial for living a more enjoyable and comfortable life. Receiving a denied claim or a lower rating than expected can be frustrating and feel like a setback. Unfortunately, many veterans face challenges in getting benefits, but there are ways to appeal a VA decision that can improve your chances of receiving the compensation you deserve. The purpose of this blog is to educate veterans on the different appeal options they have and how they can achieve their desired outcome.
Understand Your Appeal Options
After receiving an initial decision from the VA, be sure to review it carefully to see what about the claim you disagree with. The VA offers three main paths to appeal a decision: a Supplemental Claim, a Higher-Level Review, and an appeal to the Board of Veterans’ Appeals (BVA). Each option serves different needs:
- Supplemental Claim: If you have new evidence that you didn’t have before for your claim, you may choose to file a Supplemental Claim. This allows you to resubmit new evidence for your claim, which could strengthen your case.
- Higher-Level Review: If you believe the VA made an error in their decision, a Higher-Level Review allows an expert in VA cases to examine your claim without introducing new evidence. This is essentially a “second opinion” on the initial decision.
- Appeal to the Board of Veterans’ Appeals (BVA): If you’re unsatisfied with the result of the first two options, you can take your appeal to the BVA. This process can take longer, but it allows for a full review by a Veterans Law Judge, who can take new evidence and even allow you to testify if you choose.
No matter which path you choose, there are some essential things you should be doing to make your claim as strong as possible. Here are some tips for a successful appeal:
1. Gather Strong Evidence
Supporting evidence is essential in any appeal. Medical records, doctor’s opinions, and service records that document your condition’s impact can help make your case stronger. Statements from friends, family, or coworkers who have witnessed your struggles can also support your appeal by painting a fuller picture of how your condition affects your daily life.
If you are considering a Supplemental Claim, aim to include any new, relevant medical documentation that wasn’t available at the time of your initial claim. It’s also helpful to get a clear statement from your doctor explaining how your condition relates to your service.
2. Consider a Medical Nexus Letter
A “nexus letter” from a qualified healthcare provider can be very helpful in your VA claim. This letter connects your disability directly to your military service. In this letter, the doctor explains how your service likely caused or aggravated your condition. The letter must be thorough and backed by medical reasoning, making it valuable in appealing a VA claim.
3. Be Mindful of Deadlines
Missing a deadline can be detrimental to your claim. In most cases, you have one year from the date of your decision to file an appeal. Be sure to check each appeal option’s specific timelines and requirements so you don’t lose your right to appeal.
4. Seek Help from a VA-Certified Attorney or Representative
The VA claims process can be complicated to navigate on your own, and a certified representative or VA-accredited attorney can make the process significantly easier. They know the process inside and out, can help you gather evidence, and make sure your appeal is submitted correctly. This ensures you present the best case possible and don’t miss any key elements.
5. Stay Patient and Persistent
VA appeals often take time, and waiting for a response can be tough. Remember that it’s common for the appeals process to take several months or longer, especially if you’re appealing to the Board. Keeping organized records and staying in touch with the VA can help you stay on top of your appeal’s progress.
Taking Action to Secure the Benefits You Deserve
If your VA claim has been denied or you feel your rating doesn’t reflect the severity of your condition, an appeal might be the right step. Each appeal path offers unique ways to strengthen your claim and increase your chances of a favorable outcome. By gathering strong evidence, meeting deadlines, and working with experienced support, you can improve your appeal and, hopefully, get the benefits you’ve earned.
If you need assistance with an appeal or have questions about your case, contact Veteran Esquire Legal Solutions for expert guidance and support in filing your claim.