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Understanding the U.S. Military Veterans Disability Benefits Appeals Process

Writer's picture: Kirk CarlsonKirk Carlson

Understanding the U.S. Military Veterans Disability Benefits Appeals Process

The journey of a U.S. military veteran through the disability benefits appeals process can be complex and challenging. This process is vital for veterans who have had their initial claims for disability benefits denied or who disagree with the rating assigned by the Department of Veterans Affairs (VA). Understanding this process is essential for veterans seeking the benefits they deserve.

Initial Claim and Potential Denial

The journey begins when a veteran files a claim for disability benefits with the VA. This claim includes medical evidence and documentation of the veteran's service and the related injury or condition. The VA reviews this claim and makes a decision. If the claim is denied or if the veteran disagrees with the decision, they can appeal.

Understanding the Appeals Process

The appeals process underwent significant changes with the Veterans Appeals Improvement and Modernization Act of 2017, which aimed to streamline the process. As of now, veterans have three main options for appealing a decision:

  1. Supplemental Claim: Veterans can submit new and relevant evidence not considered in the original decision.

  2. Higher-Level Review: A senior VA reviewer re-examines the claim without new evidence.

  3. Appeal to the Board of Veterans' Appeals: Veterans can choose a direct review, submit additional evidence, or request a hearing.

Each option has its own set of procedures, timelines, and potential outcomes. Veterans need to understand these differences to choose the best path for their situation.

Navigating the Appeals Process

Legal Representation

Veterans can seek representation from a VA-accredited attorney, a claims agent, or a Veterans Service Organization (VSO) representative. These professionals can provide invaluable guidance and support throughout the appeals process.

Evidence and Documentation

Gathering and presenting comprehensive evidence is crucial. This includes medical records, expert opinions, and witness statements that support the claim.

Deadlines

Adhering to deadlines is essential. The VA provides specific time frames for each appeal option, and missing a deadline can result in the denial of an appeal.

Patience and Persistence

The process can be lengthy, often taking months or even years. Veterans need to be prepared for a potentially prolonged journey.

Understanding the Board of Veterans' Appeals

If a veteran opts to appeal to the Board of Veterans' Appeals, they can choose from three different dockets:

  1. Direct Review Docket: For appeals without new evidence or a hearing.

  2. Evidence Docket: For submitting new evidence without a hearing.

  3. Hearing Docket: To request a hearing with a Veterans Law Judge.

The choice of docket affects the processing time and approach of the appeal.

Conclusion

Navigating the U.S. military veterans disability benefits appeals process is no small task. It requires a thorough understanding of the system, meticulous preparation, and often, the assistance of legal or professional help. However, for many veterans, this process is a crucial step towards obtaining the benefits and recognition they rightfully deserve for their service and sacrifice. It's a journey of resilience and perseverance, reflecting the qualities they've shown in their service to the nation.

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DISCLAIMER: The information on this site is not legal advice. They are meant solely as educational content. Individual cases will vary.
Covenant of Courage is not a Veterans Service Organization (VSO) or law firm and is not affiliated with the U.S. Veterans Administration (“VA”). Covenant of Courage does not provide legal or medical advice or assist clients with preparing or filing claims for benefits with the VA.

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