A skilled veteran disability advocate will help you determine the best review lane and gather the relevant evidence to build a compelling appeal. They will also make sure that your paperwork is filed correctly.
The VA appeals process can be confusing and time-consuming.
Get the Right Attorney
The best way to maximize your chances of a successful VA disability appeal is to have an experienced attorney on your side. An advocate will minimize your interactions with VA representatives and provide you with the best evidence possible. They can also help you determine which appeal pathway makes the most sense for your case and execute that plan. The right attorney at PTSDLawyers.com can dramatically increase your chances of success.
Understanding how the new Appeals Modernization Act (AMA) works is essential before you file your VA disability benefits appeal.
Depending on your chosen path, you can request a judge’s hearing or submit fresh evidence and a supplemental claim to evaluate your case. For those who choose the latter, having an attorney represent you is critical because hearings have a higher approval rate (34%). A hearing is where an expert judge will review your claim file and hear from you in person or via virtual tele-hearing.
Submit the Right Evidence
Your attorney can help you determine the appeal pathway that makes the most sense for your case, but you’ll also need the proper evidence. Medical documents and lay statements—sworn letters from persons who understand how their handicap affects you—can be included.
The best kinds of evidence are those that have never been submitted to the VA before or that prove or disprove something in your record, like how long you’ve had a service-connected condition or that your condition has worsened. You can alternatively submit a supplemental claim if you don’t want to wait for a hearing but have fresh and pertinent evidence.
If you choose this option, the VA reviews your new evidence but won’t have a hearing. This process takes 550 days or 1.5 years, on average. If you opt for a hearing, the veteran law judge will review your existing evidence or hear new evidence you submit.
Be Prepared for the Hearing
When the hearing date arrives, your lawyer will help you prepare for your testimony. This can include creating a mock examination where you answer questions as the judge would ask them. This can help identify your weaknesses as a witness and help you become more confident. It can also help you practice introducing new evidence, such as medical records.
Your lawyer can also help you gather any additional evidence you may need to present. This can include medical records, statements from friends and family members, and other evidence supporting your claim for benefits. You must focus on a central argument and present supporting evidence explaining why your disability is service-connected. Attorneys have the expertise to know what types of evidence are most effective.
After the hearing, the judge will take your case under advisement. This means they will consider what was said at the hearing, your claims file, and any new evidence you have submitted within 90 days of the hearing (if requested).
Make the Right Decisions
The VA appeals process can be a bureaucratic quagmire that takes years to complete. The success of your appeals depends on many factors, including the condition being claimed, documentation of that condition, and the path you take through the appeals process. Hiring an attorney with experience in various appeal paths can increase your chances for a successful outcome.
The first step in the appeals process is filing a Decision Review Request, which you can do within one year of the Ratings Decision that you are appealing. Your attorney can help you compile new evidence to submit to the VA and request a hearing with a Veterans Law Judge at the Board of Veterans Appeals (BVA).
When hiring an advocate, find one specializing in the type of disability claim you are making. This will give them the nuanced understanding you need to win your claim. They will also know which kinds of new and existing evidence to submit and which medical records and other information are crucial for your case.
