The Department of Veterans Affairs offers benefits to veterans who have a disability that resulted from their time in the military. Veterans’ benefits were originally established to honor those who served heroically in the military, however, the VA does not always treat veterans as the heroes they are. Too often, the VA wrongfully denies claims or gives low ratings to veterans and their families, denying them the benefits they deserve. When this happens, filing an appeal is an option, but this can be a complex process to navigate. This blog will go over the three types of VA appeal options veterans have when challenging a VA decision.
1. Supplemental Claim
A supplemental claim is a request for the VA to review the claim again, but with new evidence that was not included in the initial claim. This gives the veteran the opportunity to create a stronger claim without having to start the entire process over again. You may want to consider filing a supplemental claim if your claim was denied and you have found new evidence that supports your case or if there was a change in VA regulations that could affect your claim outcome.
Examples of New Evidence That Can be Submitted:
- New medical records that show the severity of the disability
- Service records that show how the condition was developed
- Doctors’ opinions showing service-connection
- Buddy statements from fellow service members or friends/family
2. Higher-Level Review
Another option for veterans is requesting a higher-level review. A higher-level review is when a senior VA reviewer reevaluates the original claim without submitting any new evidence. The reviewer’s job is to look for any errors, such as misinterpretations of laws, regulations, or existing medical records that were made in the original decision. You may want to consider choosing a higher-level review if you believe the VA made a mistake in evaluating the claim and do not have any new evidence to submit.
3. Board Appeal
A board appeal is the highest level of review within the VA. This is an appeal filed with the Board of Veterans’ Appeals (BVA) and is usually the last step if the other types of appeals are unsuccessful. A board appeal can be a lengthier process than the other options, but it involves having a thorough review.
There are three different routes veterans can take with this type of appeal:
- Direct Review: This is where a judge will review the appeal based on the existing claim without any new evidence, usually the fastest option.
- Evidence Submission: Veterans have the opportunity to submit new evidence within 90 days of the appeal. The judge will review the evidence along with the existing claim. This can help create a stronger case if new evidence is available.
- Hearing: Veterans can testify before a Veterans Law Judge to explain their case. This is the slowest option but allows for direct interaction with the judge and can be helpful with complex situations.
Choosing the Right Appeal Option
When a veteran decides they want to appeal a VA disability claim decision, they should carefully evaluate each option to determine the best path for them. For example, if they found new evidence that could support their claim after they already received a decision, a supplemental claim is a good choice. However, if you think there were legal errors made in your decision, a higher-level review may be a good choice. If none of these options gave you the result you were hoping for, a board appeal will allow you to have your case reviewed by a Veterans Law Judge for an even further review.
A VA claim denial is not the end of the road, veterans have multiple appeal options to fight for the benefits they rightfully deserve. If your VA disability claim was denied, don’t give up. Contact Tabak Law today for expert guidance and assistance with your appeal.