The VA Appeals Strategy That Works for You

Girard & Centonzio assists numerous veterans each month who have been wrongfully denied VA disability benefits. The primary way this is done is by using the VA disability appeals process. In the past, this process consisted of a single procedure whereby veterans whose claims were denied could have their claims reviewed. It was a “one-size-fits-all” approach: every veteran whose claim was denied used the same procedure and had their claims reviewed by the same bodies.

Appeals Options for Veterans Since 2019

Since 2019, though, veterans have had several options when it comes to appealing their VA disability claim denial. The three options available include:

Higher-Level Review

First, veterans can ask a more senior official with the VA review their claim as submitted. This higher-level reviewer takes a fresh look at the claim and the documentation submitted with it and decides anew whether the veteran is entitled to benefits. No deference is given to the original decision when the higher-level reviewer makes their decision. A higher-level review is a good option when the original denial was clearly erroneous.

Supplemental Claim

Next, a veteran whose claim is denied can submit additional evidence supporting their claim to the VA and ask the VA to reconsider its decision in light of the new evidence. This is known as filing a Supplemental Claim, and veterans who choose this option need not start the claims process over again to take advantage of it.

Supplemental claims work best when the veteran is entitled to benefits but failed to include all the relevant documentation or records they could have when they first applied for benefits.

Board of Veterans Appeals

Last, the veteran can appeal a denial of their claim to the Board of Veterans Appeals. This body can review the veteran’s claim in an administrative proceeding. Or, if the veteran chooses, the Board will simply review the evidence and documentation submitted to the VA when reconsidering the claim. A veteran can also submit new evidence to the Board for its consideration along with the evidence and documentation originally submitted.

Additionally, under this new appellate procedure veterans are not limited to choosing just one of these options. So long as a veteran complies with all the procedural requirements and deadlines, they could take advantage of all appeal options.

Choosing the Right Appeal Strategy with a Lawyer’s Help

Just because all options are available to you does not mean you should avail yourself of them. Waiting for a decision can take weeks, months, or even years, depending on which appeal path you are taking. All the while, you are left without benefits that you and your family might need. The prospect of receiving retroactive benefits when your claim is eventually approved may be of little comfort if you are suffering financially now.

For this reason, you should consult with GC and one of our experienced VA disability appeals lawyers. We can assist veterans across the country with their VA disability appeal. We will review your claim and advise you of the fastest avenue available to have your claim approved.

Contact us today for a case evaluation.