For veterans seeking VA disability benefits, an initial denial can be disheartening, but it’s not the end of the road. The VA offers multiple avenues to appeal a decision, giving veterans a fair chance to present additional evidence and ensure their case is reviewed accurately. This guide outlines the VA appeals process and provides essential tips for selecting the best option for your situation.
Understanding the VA Appeals Process Options
The VA’s appeals process includes three primary avenues:
1. Higher Level Review (HLR)
2. Supplemental Claim
3. Board of Veterans’ Appeals (BVA)
Choosing the right path depends on the specifics of your case, including whether you have new evidence or believe an error was made during the initial review.
1. Higher Level Review (HLR)
A Higher Level Review involves a senior reviewer who re-examines the case without new evidence. This option is best if you believe there was a misinterpretation of evidence or a legal error in the initial decision.
•Key Steps:
•Complete VA Form 20-0996 to request a Higher Level Review.
•Opt for an informal conference if you wish to clarify points directly with the reviewer.
•Best For: Veterans who feel their evidence was incorrectly interpreted or a procedural error occurred.
2. Supplemental Claim
The Supplemental Claim option is ideal if new, relevant evidence has become available since the initial decision. This path allows veterans to submit additional documentation that can strengthen their case.
•Key Steps:
•Submit VA Form 20-0995 to start a Supplemental Claim.
•Attach any new evidence supporting your claim, such as updated medical records, Nexus letters, or buddy statements.
•Best For: Veterans with new or previously unavailable evidence.
3. Board of Veterans’ Appeals (BVA) Review
The BVA provides the most comprehensive level of review, allowing veterans to present their case before an experienced judge. Veterans may also request a hearing, either virtually or in person, to discuss the case in detail.
•Key Steps:
•File a Notice of Disagreement to initiate the BVA appeal.
•Decide whether to request a hearing or submit your case without a hearing.
•Best For: Complex cases requiring a detailed review, legal interpretation, or presentation of extensive evidence.
Tips for a Successful Appeal
Gather Relevant Evidence
For all types of appeals, presenting strong evidence is critical. Collect medical records, personal statements, and buddy statements that clearly demonstrate the severity and service connection of your disability.
•Medical Records: Make sure records include recent treatments, symptoms, and diagnoses related to your claim.
•Buddy Statements: Statements from fellow service members can help validate an in-service event or injury that contributed to your disability.
Prepare for a C&P Exam
If the VA schedules a Compensation and Pension (C&P) exam, attend and be prepared to discuss the impact of your disability on daily activities. The results of this exam will directly influence the outcome of your appeal.
Work with a VSO or Legal Representative
A Veterans Service Organization (VSO) representative or VA-accredited lawyer can provide valuable support throughout the appeals process, assisting with documentation, forms, and any procedural questions.
Track Your Appeal
Use the VA’s eBenefits portal to track the status of your appeal. Keeping tabs on deadlines and VA notifications is essential, as missing deadlines could delay the process.
Conclusion
The VA appeals process gives veterans the opportunity to seek a fair and accurate review of their disability claim. By understanding each appeal option, gathering evidence, and seeking professional guidance, veterans can significantly improve their chances of receiving the benefits they deserve. Veterans Valor is here to help veterans navigate this process, from gathering evidence to preparing for the best appeal option.
