With this type of review, you will not be allowed to submit any additional evidence or documentation, and the previous VA decision regarding your claim will only be overturned if the adjuster determines that there is a substantial difference of opinion between reviewers or there is a clear and unmistakable error in how your original claim was reviewed.Īt this point, the new reviewer may send your claim back down to your regional office for correction. This process essentially is a brand new review by someone with more seniority and experience than the reviewer who rendered the rating decision on your original claim. Your first choice is to put your claim in the higher-level review lane, which entails your claim being reviewed by a more senior claims adjuster and generally results in a new claim decision within 125 days. With the passing of the Appeals Modernization Act, eligible veterans now have three options when it comes to choosing how they’d like their VA disability appeal to move forward. Department of Veterans Affairs, Congress, and Veteran Service Organizations to help meet some of the appeals-related needs identified by veterans. The Appeals Modernization Act is a collaboration between the U.S. Overall, the process is designed to be more timely and fair than the previous review process, and it also results in a more transparent experience for veterans. This new decision review process allows for faster decisions, improved delivery of VA benefits, and a better user experience for veterans and their families.Īll communications are written in plain language, and veterans have much more control over how the process unfolds. Recognizing the cumbersome and often frustrating nature of the VA disability appeal process, the Appeals Modernization Act establishes a completely restructured process for filing and tracking the appeal of a VA claim denial. This appeals modernization is a revamping of the appeals process to make it more modern and streamlined. The revamped VA appeal process seeks to more quickly provide veterans with both information and decisions regarding their claims. The Veterans Appeals Improvement and Modernization Act of 2017, officially implemented in February of 2019, intends to give veterans more voice and control over VA disability claims decisions that result in disagreement. We’ve outlined everything you need to help make sure you can win your claim on appeal. While the appeal process is notoriously long and arduous, it isn’t impossible. Department of Veterans Affairs has denied your VA claim outright or because it has assigned a disability rating a disabled veteran feels is erroneous. The two most common reasons for appeal are either because the U.S. There are several specific steps you’ll need to follow throughout the appeal process for VA disability compensation. 8 Steps to Appeal a VA Disability Claim Denial Receiving a denial of your initial claim application simply opens the door to the appeal process. Getting the news that your VA disability claim has been denied can make you feel like there’s no hope for an approval.
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