The VA Disability Appeals Timeline: What to Expect

At Veterans Benefits Law Group, PLLC, we applaud men and women who have dedicated their lives to protecting and serving our country. In return, our country owes you a duty to provide for and care for those who need it most. However, receiving veteran’s disability benefits, to which you are entitled, can be challenging and frustrating for many veterans.

Receiving a denial or unsatisfactory decision from the U.S. Department of Veterans Affairs can be disappointing, but it is not the end. The appeals process exists to rectify these errors, although it is known to be complex and time-consuming. Understanding the timeline and steps involved is crucial to managing expectations and building a solid case.

The Modernized Appeal System: An Overview

The VA has transitioned to the Decision Ready Claims program and modernized the appeal process, offering three different “lanes” for your appeal. Choosing the right lane can significantly impact the length of your appeal, so it is highly recommended that you consult with an accredited veteran’s attorney before selecting a lane as your choice could have long-term implications on your claim.

Lane 1: Supplemental Claim Lane (Fastest Track)

If you have new and relevant evidence that was not previously considered by the Veterans Affairs (VA), the Supplemental Claim process is often the best and fastest option.

• What to Expect: You will submit the new evidence and a Veteran’s Service Center will review it. This process is designed to provide a more straightforward review of the new information.
• Timeline: The VA’s stated goal for processing Supplemental Claims is an average of 125 days. While this may vary, it is generally considered the quickest process of the three options.

Lane 2: Higher-Level Review Lane (No New Evidence)

If you believe that the VA made an error in its initial decision, but you do not have any additional evidence to provide, the higher-level review process may be the best option for you.

• What to Expect: A more experienced VA adjudicator, known as a Senior Veterans Service Representative, will review your case with a fresh set of eyes. They will review the same evidence that you submitted in your original application. You have the option to schedule an informal conference where you or your representative can discuss specific issues with the reviewer.
• Timeline: The VA aims to complete High-Level Reviews within an average of 125 days.

Lane 3: Board of Veterans’ Appeals Lane (Longest Path)

This is the traditional and formal appeal process. It is the most complex and time-consuming option, but it also provides the highest level of review. Within this process, there are three options:

1. Direct Review: You believe the Board can make a decision based on the current evidence. No additional evidence is submitted and there is no hearing.
2. Submission of New Evidence: You have 90 days to provide new evidence to the Board for consideration. No hearing will be held.
3. Hearing: You request a hearing with a Veterans Law Judge, where you can present testimony and additional evidence.

This process involves a thorough legal review by the Board of Veterans’ Appeals in Washington, D.C. While the hearing option is valuable, it adds significant time to the process.

Why Timelines Are Estimates, Not Guarantees

It is important to understand that these are general goals, not guarantees. There are several factors that can delay the appeal process, including:

• The complexity of your medical condition and the nature of your claim.
• The need for additional medical evaluations (C&P exams)
• Delays at the specific VA regional office or the Board
• Errors in the application that need to be corrected.

How an Experienced Legal Advocate Can Help

Navigating the appeals process can be a challenging legal journey. The team at Veterans Benefits Law Group can be an invaluable resource in this process. We can help you:

• Analyze the VA’s decision to identify any errors.
• Guide you through the best appeal route for your specific circumstances.
• Make sure all necessary forms and deadlines are met, such as submitting a Notice of Disagreement.
• Collect strong, relevant medical evidence to support your claim.
• Present a compelling legal case at a board hearing.

You Served. Now Let Us Serve You.

You have served our country with honor, and now it’s time for us to serve you. If you are facing an uphill battle with the Veterans Administration (VA), don’t do it alone. Contact Veterans Benefits Law Group, PLLC, today for free consultation about your appeal.