How Long Does an Appeal Take for VA Disability?
For veterans applying for disability benefits through the U.S. Department of Veterans Affairs (VA), the process can be long and frustrating. After filing a claim, waiting for a decision, and possibly receiving a denial or a lower-than-expected disability rating, many veterans find themselves needing to appeal the decision. Unfortunately, the appeal process can take even longer, often leaving veterans and their families in limbo.
In Denver, Colorado, as in the rest of the country, the VA disability appeal process can be challenging, and the time it takes to resolve a case can vary depending on the type of appeal, the evidence needed, and the workload of the VA.
Understanding the timeline and steps involved in appealing a VA disability decision is crucial for veterans who need to plan for the future and manage their expectations. Our attorneys at Anderson Graham, LLC can help.
Initial Decision and the Start of the Appeal Process
Once a veteran submits a claim for VA disability benefits, the VA typically takes months to review the evidence, make a decision, and send out a decision letter. If the veteran disagrees with the VA's decision, they have the option to appeal.
The appeal process officially begins when the veteran submits one of three appeal forms, depending on the type of review they want. The three appeal options are:
Higher-level review: This is when the veteran requests a more senior VA claims reviewer to take a second look at the case.
Supplemental claim: This option allows the veteran to submit new evidence to support their claim.
Appeal to the Board of Veterans' Appeals (BVA): This involves having a Veterans Law Judge review the case and is typically the most time-consuming appeal route.
How Long Does a Higher-Level Review Take?
The higher-level review is often the quickest option for veterans seeking to appeal a VA decision. In this process, a more experienced claims reviewer at the VA takes a fresh look at the claim without considering any new evidence. They review the original evidence submitted with the claim to determine if any errors were made in the initial decision.
On average, the VA estimates that a higher-level review takes about four to five months to complete. However, the actual time can vary based on the specifics of the case and the workload of the VA office handling the appeal. While this option can be faster than others, it doesn’t allow for the submission of new evidence, which may be a drawback for some.
How Long Does a Supplemental Claim Take?
The supplemental claim process allows veterans to submit new and relevant evidence to support their claims. This evidence must be new, meaning it wasn’t submitted with the original claim, and it must be relevant to the issue in dispute.
Once the new evidence is submitted, the VA reviews the entire case again, including the new information, and makes a new decision.
The VA aims to complete supplemental claims within four to five months, but like higher-level reviews, the timeline can vary depending on the VA's workload and the specifics of the case. Veterans may find this option beneficial if they’ve gathered additional medical records, expert opinions, or other evidence that could strengthen their case.
How Long Does an Appeal to the Board of Veterans' Appeals Take?
An appeal to the Board of Veterans' Appeals (BVA) is often the longest and most involved type of appeal. When a veteran requests a BVA review, they can choose between three appeal options:
Direct review: No new evidence is submitted, and the Board makes a decision based on the existing record.
Evidence submission: The veteran submits new evidence for the Board to review.
Hearing: The veteran requests a hearing before a Veterans Law Judge, which can be conducted in person, via video, or by phone.
The timeline for a BVA appeal can vary greatly depending on the type of review selected. In general, based on our experience, a BVA appeal decision can take anywhere from two and a half to three years. If the veteran requests a hearing, the timeline may be one to two years longer, as scheduling a hearing adds considerable time to the process. However, some cases benefit from a hearing, so it's important to speak with an attorney about whether it's right for your case.
Once the BVA issues its decision, the case could still be remanded, or sent back, to the VA regional office for further action, which may extend the timeline even further. It’s important for veterans to understand that a BVA appeal is a long process and to prepare for a potentially lengthy wait.
Factors That Can Affect the Timeline of a VA Disability Appeal
Although the VA provides general estimates for how long each type of appeal may take, many factors can influence the actual time to resolve an appeal. Some of the influencing factors include:
Specifics of the case: More challenging claims, such as those involving multiple medical conditions or disputed medical evidence, may take longer to process.
Workload of the VA office: The volume of cases being handled by the specific VA office reviewing the claim can affect how long the appeal takes.
Submission of new evidence: In cases where new evidence is submitted, it may take additional time for the VA to review and evaluate the new information.
Hearing requests: If a veteran requests a hearing before a Veterans Law Judge, it may take several months or longer to schedule and conduct the hearing, which adds to the overall timeline.
Can You Speed Up the Appeal Process?
While there’s no guaranteed way to expedite a claim, there are certain situations in which the VA may prioritize a case.
For example, veterans experiencing severe financial hardship or homelessness, or those with terminal illnesses, may be eligible for expedited processing. Veterans can request expedited processing by submitting a hardship request along with documentation supporting their circumstances.
Additionally, making sure that all paperwork is filled out correctly and submitting all relevant evidence upfront can help prevent unnecessary delays in the appeal process.
How a Lawyer Can Help With a VA Disability Appeal
Managing the VA disability appeal process can be overwhelming, especially for veterans who are already dealing with medical issues and the stress of financial instability. Hiring an experienced VA disability attorney can make the process smoother and increase the chances of a successful outcome.
A lawyer can help veterans understand their options, gather the necessary evidence, and make sure all paperwork is submitted correctly and on time. If the appeal goes before the BVA, a lawyer can represent the veteran at hearings and provide legal arguments to support the claim.
Additionally, a lawyer with experience in VA disability appeals will be familiar with the common pitfalls and challenges of the process and can help avoid unnecessary delays.
What to Expect After the Appeal Decision
Once the VA makes a decision on an appeal, the veteran will receive a decision letter outlining the outcome. If the appeal is successful, the VA will assign a disability rating and determine the amount of back pay owed to the veteran. The back pay typically covers the time from when the original claim was filed to when the decision was made.
If the veteran is unsatisfied with the outcome of the appeal, they may have the option to further appeal the case to the U.S. Court of Appeals for Veterans Claims (CAVC). However, this is a highly challenging legal process, and it’s strongly recommended that veterans work with an attorney if they choose to pursue an appeal at this level. Attorney Tiffanie Graham is very experienced in CAVC work and has an extraordinarily high success rate of getting claims re-processed at the Board-level or even granted at the Court. If a settlement is reached early on in the case, the process can be as short as three months. If the case must go to the Judges, it can take about ten months to a year (depending on the nuance of the case).
Legal Guidance Is Here for You
Hiring a VA disability attorney can improve the chances of a successful appeal and reduce the uncertainty involved in the process. At Anderson Graham, LLC, we’ll work hard on your behalf. We serve clients nationwide! Reach out to us today.