A veteran who believes their VA disability claim was wrongly denied has several options to pursue. The first step is to file a Notice of Disagreement (NOD) with the Veterans Administration (VA). The NOD is the official start to the appeal process. The notice should include an explanation of your complaint and your intent to seek a hearing.
The next step is to file a Statement of the Case, which is a formal document that explains the decision made by the agency. It is also an opportunity to provide new and relevant evidence in support of your claim. For example, service records pertaining to in-service events are considered new and relevant. Generally, a VA disability claim will be reviewed under one of three lane options: Supplemental Claim, Higher Level Review, and Direct Review. You can also read online reviews will help you know much.
The ACA's "Veteran Appeals Improvement and Modernization Act" of 2017 has significantly altered the VA's claims process. For instance, there are no longer mandatory waits for a Statement of the Case. This has led to a significant increase in the number of successful appeals. The Department of Veterans Affairs has also published timely decision-making goals for each of these review options.
The VA's new supplemental claim lane is an avenue for submission of new and relevant evidence. If a veteran wants to take their case to the next level, they can appeal to the VA Board of Appeals. In order to succeed in this type of process, the claimant should consult an attorney. A VA accredited lawyer can guide you through this complicated procedure.
The Higher Level Review (HLR) lane is a great option for claimants with little or no additional evidence to support their claim. For example, if a veteran was denied an initial claim due to a low-back pain rating, they could re-submit their claim under the HLR lane. The higher-level reviewer will rely on the evidence they already have in their possession, and they may decide to reverse the prior decision based on the CUE, or complication, of the claim.
In fact, the higher-level review lane is often the quickest of the three lane options to process a claim. In particular, the VA's claimed success rate for these types of appeals is 38.1%, a surprisingly high percentage. Depending on the regional office, a HLR decision may be ready in as little as 3-8 months.
The Direct Review (DR) lane is a good choice for a VA claimant who doesn't want to put in the effort to submit new evidence. The DR lane is designed to streamline the VA process. The goal is to make decisions in as little as 365 days, which is faster than the legacy process of several years past. It is also easier to navigate since it doesn't have the same complications as the other two lane options.
The other lanes can be equally as exciting. In particular, the higher-level review lane is likely the best option for a veteran who has multiple unfavorable ratings decisions to contend with.
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