A denied VA disability claim does not necessarily mean your case is over. If you disagree with a VA decision, you can ask for another review. The important thing is choosing the right review option and protecting your deadline.
The VA currently offers three main decision review options: a Supplemental Claim, a Higher-Level Review, or an appeal to the Board of Veterans’ Appeals. The right choice depends on why your claim was denied and whether you have new evidence.
What Should I Do After a VA Disability Claim Is Denied?
Start with the VA decision letter. It should explain why your claim was denied and tell you what evidence the VA considered.
Do not simply file the same claim again without understanding the reason for the denial. The best course may be to appeal the decision through one of the VA’s review options. Filing the wrong type of review can waste time and may create problems with your claim.
The modern decision review system generally applies to decisions issued on or after February 19, 2019.
What Are My Options for Appealing a VA Disability Claim?
You have three main choices:
- A Supplemental Claim allows you to submit new and relevant evidence that the VA did not consider before. This might include medical records or other evidence that supports your claim.
- A Higher-Level Review is different. It is used when you believe the VA made an error in the decision, but you do not have new evidence to submit. A higher-level reviewer reviews the same evidence available for the earlier decision.
- The third option is a Board Appeal. This asks a Veterans Law Judge with the Board of Veterans’ Appeals to review your case. You can choose Direct Review, Evidence Submission, or a Hearing, depending on whether you want to submit evidence or speak with a judge.
When Should I File a Supplemental Claim?
A Supplemental Claim may make sense when you have evidence that could change the VA’s decision.
For example, the VA may have denied a claim because there was not enough medical evidence connecting your condition to your military service. New medical records or a medical opinion may help address that problem.
The VA requires new and relevant evidence for a Supplemental Claim. If you file within one year of the decision letter, you may also protect your claim’s effective date.
When Should I Request a Higher-Level Review?
A Higher-Level Review may be appropriate when you believe the VA got the facts or law wrong based on the evidence already in the file.
You cannot submit new evidence with a Higher-Level Review. Instead, a higher-level reviewer looks at the existing record. You can also request an informal conference to point out specific errors, although this may add time to the review.
The problem is that veterans are sometimes told to simply file again. That is not always good advice and can change your effective date. If the VA made an error in the original decision, a Higher-Level Review may be the better path.
When Should I Appeal to the Board of Veterans’ Appeals?
A Board Appeal is available when you want your case reviewed by a Veterans Law Judge, with three options available:
- Direct Review uses the existing evidence.
- Evidence Submission allows additional evidence.
- A Hearing allows you to speak with a Veterans Law Judge and may include new evidence.
A Board Appeal can take longer than the other review options. There is no timetable to indicate how quickly a VA appeal will be decided.
How Long Do I Have to Appeal a VA Disability Decision?
For most VA benefits, you have one year from the date on your decision letter to request a Higher-Level Review or Board Appeal. You can file a Supplemental Claim later, but filing within one year may help preserve your effective date. Your decision letter should provide the deadline that applies to your case.
You should begin working on your appeal immediately, and consult with legal counsel if you choose to retain one. Don’t wait until the deadline is close, or you may not be able to present an effective appeal. A VA appeal can take months or longer, and procedural mistakes can make an already difficult process harder. The earlier you start working on your appeal, and working with a VA disability attorney, the better.
Should I Get Help Appealing a Denied VA Disability Claim?
You can request a VA decision review yourself, but an experienced disability attorney can review the denial and help determine which option makes sense.
Herren Law has represented veterans in disability claims and appeals for many years. We provide a free evaluation and work on a contingency basis. You do not pay us an attorney’s fee up front for most veterans benefits appeals.
The best advice is to protect the appeal deadline and get legal guidance before starting over. A careful review can help determine the correct next step. The process may be slow, but a denied claim does not necessarily mean your case is finished.
If you need help appealing a VA denial, contact our office today at (713) 588 5851 (toll-free, 1-800- LAW (529)-7707) or use our online contact form. An experienced VA disability attorney can evaluate your case, explain your options, and help you move forward with confidence.
