Options for Appealing VA Disability Claims

VA Disability Lawyer Explains Your Options for Appealing VA Disability Claims in The U.S.

When veterans experience service-connected disabilities or injuries, they may be eligible for disability benefits through the Department of Veterans Affairs (VA). Unfortunately, there are many cases where veterans' disability claims are denied. In these situations, veterans have a number of options for requesting a review of the VA's decision and appealing the denial of disability benefits. By understanding the steps that can be taken to address denied claims, veterans can provide the VA with the information needed to demonstrate that they should receive benefits.

The procedures followed by the VA when addressing veteran disability claims can be complicated. Navigating these cases can be difficult for veterans who are unfamiliar with their legal requirements, the information that must be provided, and the steps that they will need to take when appealing denied claims. At The Vet Law Office, we provide legal representation for veterans who are seeking disability benefits, helping them follow the correct procedures to address unfavorable decisions and receive the assistance needed. With his experience as a disabled veteran who has helped many service members receive VA benefits, Attorney Farmer is prepared to handle complex legal concerns and address any issues that may arise when filing claims and appeals.

Higher-Level Review

The Higher-Level Review (HLR) is an option available to veterans who disagree with a decision made by the VA regarding their disability claims. This review process allows veterans to request a review of their case by a higher-level adjudicator within the VA. During this review, new evidence cannot be submitted. Instead, the HLR process focuses on errors or differences of opinion in the initial decision-making process.

If you choose this option, your case will be reviewed based on existing evidence and any errors made during previous evaluations or decisions. It is essential to note that if you have additional evidence supporting your claim that was not previously considered by the VA, it may be more appropriate to pursue other avenues, such as filing a supplemental claim.

Supplemental Claims

A supplemental claim provides an opportunity for veterans to submit new and relevant evidence in support of their disability claims after receiving unfavorable decisions from the VA. This type of claim allows you to introduce additional medical records, expert opinions, or any other documentation that strengthens your case.

To file a supplemental claim effectively, it is crucial to provide clear and compelling evidence demonstrating how your condition has worsened since your initial application or why there was an error in evaluating your original submission. Working with an experienced attorney can help ensure all necessary information is included in your supplemental claim.

Board of Veterans' Appeals

If you are dissatisfied with the decision made by the VA after an initial decision, a Higher-Level Review, or a supplemental claim, you have the option to appeal your case to the Board of Veterans' Appeals (BVA). The BVA is an administrative body that reviews decisions made by regional VA offices.

When appealing to the BVA, veterans can generally choose between three options: a hearing, the evidence submission track, or a direct review. A hearing allows a veteran to present their case in person before a Veterans Law Judge and provide additional evidence or testimony. On the other hand, a direct review involves an assessment of a case based on existing evidence without an in-person hearing. The evidence submission track allows a veteran to submit new evidence that the Board may review when making a decision about their disability claim.

Contact Our VA Disability Claims Lawyer

Understanding how to choose between the different types of disability claims within the VA system can be difficult. Due to the complex procedures involved in these cases, veterans may find the process stressful and overwhelming. Working with an experienced attorney who knows how to handle VA disability claims can significantly increase your chances of success as you pursue disability benefits.

At The Vet Law Office, we have extensive experience assisting veterans with disability claims at every stage of the process. We understand how crucial these benefits are for your and your family's well-being. Attorney Farmer will work diligently to gather all necessary evidence, build a strong case, and advocate on your behalf throughout each step of your claim. Contact us today at 1-800-700-4174 to schedule a complimentary consultation so we can discuss your situation and develop an effective strategy tailored specifically for you.