Sometimes when you receive a decision from the VA for your VA disability claim, it’s not quite what you were hoping for. Maybe your condition was rated too low. Maybe your claim was denied altogether. Whatever the situation is, veterans have the right to appeal the decision if they disagree with it. Veterans typically have one year from the date of their decision to appeal it. However, what if a year goes by and the veteran still hasn’t appealed their decision? Are they able to still go through with an appeal? In this blog, we will go over the different options available for veterans if they find themselves in this situation.
Option 1: File a Supplemental Claim
If you missed the one-year deadline, you still can file a supplemental claim. However, you must have found new and relevant evidence that can support your claim, that is the key requirement for filing a supplemental claim. This will allow you to reopen the case based on the new information you have. A few examples of evidence you may want to consider for this type of claim are any new medical records or buddy statements that help provide additional context to your claim.
Another reason you may choose to file a supplemental claim is if there was a change in law that could affect your case. In this case, you do not need to submit any new or relevant evidence. An example of this is the PACT Act. This act recognizes certain presumptive conditions as service-connected, veterans only need to meet the service requirements and do not have to prove service-connection.
Option 2: Request a Review for a Clear and Unmistakable Error (CUE)
While it is rare, you may be able to prove the VA made a Clear and Unmistakeable Error (CUE) in your original decision. A CUE claim argues that the VA got it seriously wrong, like applying the wrong law or overlooking key evidence that was already in your file. It is essential for veterans considering this option to identify the mistake ahead of time and make sure it is well-supported. This is a good alternative to the appeal option of requesting a Higher Level Review.
If successful, a CUE claim can lead to retroactive benefits from the date of the original decision, even if the appeal deadline has passed. However, these claims require extensive proof, so it’s important to talk to a VA-accredited attorney before moving forward with this option.
What You Can’t Do After the Deadline
Once the one-year appeal window closes, you can’t file a Higher-Level Review or submit a Notice of Disagreement for that same decision. Those paths are only available within the initial one-year timeframe.
This is why veterans need to keep track of deadlines since missing them limits their options and can affect how much compensation they are eligible to receive. After receiving an initial decision letter, veterans should take the time to review the decision and decide whether or not they wish to appeal the decision right away. Delaying the process can lead to missing out on the option entirely, which means missing out on potential additional benefits.
How We Can Help
If you’ve missed your appeal deadline, do not panic. There are other steps that you can take to receive the benefits you deserve. At Veteran Esquire Legal Solutions, we help Veterans explore every option available.
If you think you’ve missed the deadline to appeal a VA decision, or aren’t sure what your next step should be, reach out to us today. We are here to guide you every step of the way.