What are the options for appeals?

Don’t Fall for this ‘Supplemental’ Trap! Attorney Tips

Attorneys Matthew Hill and Carol Ponton address some very common issues with the appeals system and how to avoid them.

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What are the 3 options for VA appeals (the “lanes”)?

When faced with the challenge of appealing a VA disability claim decision, knowing your options is paramount.

The VA provides three distinct lanes for appeal, each designed to offer the best path based on the specifics of your case. 

• Higher-Level Review: Your appeal is reviewed by a more senior VA official than the one who made the original decision. This is a good choice if you believe a mistake was made in the initial review. Note: You cannot submit new evidence in this lane.

• Supplemental Claim: Ideal for those who have additional evidence not previously considered by the VA. Submitting new evidence that supports your claim could change the decision in your favor.

• Board of Veterans' Appeals (BVA): This lane takes your appeal to a judge. You can choose to have a direct review (no new evidence), submit new evidence, or have a hearing with the judge.

Switching Lanes

If your circumstances change or you obtain new evidence, switching lanes might be necessary. 

You have one year from the date of your original decision or 60 days from the day you filed your appeal at the board, whichever is later. 

To do so, withdraw your appeal from the current lane before the VA makes a decision, and then file in the new lane of your choice.

Why Choose a Specific Lane?

• Higher-Level Review is best if you believe all necessary evidence was already submitted but an error occurred in processing.

• Supplemental Claim is the path if new evidence has come to light since your initial claim or last decision.

• BVA Review is suitable when you seek a fresh, legal examination of your claim, especially beneficial if you have new evidence or wish to present your case in person.

Timeline for Filing Appeals

Timing is crucial. For a Higher-Level Review or a Supplemental Claim, you have one year from the date of your decision to file. 

For a BVA appeal, the same timeframe applies, but strategy regarding when to submit new evidence or request a hearing can affect your timeline.

Key Takeaways

• Stay vigilant with deadlines. Timing is critical in the appeals process.

• Gather and submit all pertinent evidence. The strength of your appeal depends largely on the evidence supporting your claim.

• Consider consulting with a VA-accredited attorney or representative. Expert guidance can navigate these complex decisions and enhance your chance of a favorable outcome.

The journey through the VA disability appeal process is complex, but understanding your options empowers you to take the most advantageous path. 

Your service deserves recognition and the right compensation. 

By choosing the appropriate appeal lane and preparing thoroughly, you're taking a significant step toward securing the benefits you've earned.

Want to learn more about the different appeals processes? Click below for our Attorney Reviewed Appeals Guide!

H&P Disability Law Trivia

Great job on the quiz question last week! About 76% of our readers got this one right! Here’s a recap:

Question:
After receiving a decision on a VA disability claim, a veteran has several options to appeal the decision. Which of the following is NOT a recognized way to appeal a VA claim decision?

Correct Answer:
C. Direct Appeal to the United States Supreme Court

Here’s this week’s question:

In their words

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