The VA appeals process can be overwhelming for veterans who disagree with a decision made on their disability claim.
Whether it’s a denial or a low disability rating, appealing the decision is often the best way to ensure you receive the benefits you’re entitled to. In this guide, we will walk you through the appeals process, how to make an appeal, and what to expect when reviewing the appeal results.
What Is the VA Appeals Process?
The VA appeals process allows veterans to challenge the VA’s decision on their disability benefits claim. If you disagree with the VA’s ruling, you have the right to appeal through a series of formal processes, including reviews, hearings, and appeals to higher courts.
This process is part of the VA decision reviews system, which includes three main options for veterans:
- Higher-Level Review: A senior VA reviewer will take a fresh look at your case without new evidence.
- Supplemental Claim: You can submit new and relevant evidence for review.
- Board Appeal: You can appeal directly to the Board of Veterans’ Appeals (BVA), where a Veterans Law Judge will review your case.
You can learn more about these options on the VA’s official Decision Reviews page.
Also determine is it worth appealing a VA disability claim.
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How to Make an Appeal
The process for making an appeal depends on which type of decision review you choose. Here’s a quick breakdown:
- Higher-Level Review: To file for a higher-level review, you will need to complete VA Form 20-0996. This type of review does not allow for new evidence, so the decision will be based on the evidence previously submitted.
- Supplemental Claim: If you choose to submit new evidence, you’ll need to file VA Form 20-0995. This form is used to provide additional documentation or medical records that could support your case.
- Board Appeal: If you decide to take your appeal to the BVA, you’ll need to complete VA Form 10182. This is the form used to request a hearing with a Veterans Law Judge. You may also submit new evidence or have your case reviewed without a hearing.
For more details on how the appeals system works in federal courts, you can visit the U.S. Courts website.
What Happens During the Appeals Process?
Once your appeal is filed, the VA will begin reviewing your case. The timeline for the appeals process can vary depending on several factors, including the type of appeal, the complexity of your case, and the backlog of appeals at the VA. Here’s a general overview of what you can expect:
- Review Phase: After you submit your appeal, the VA will review your claim and any new evidence submitted (if applicable). This phase can take several months or even longer, depending on the type of appeal.
- Hearing (if requested): If you choose to have a hearing, it will be scheduled with a Veterans Law Judge. This allows you to present your case, discuss your evidence, and explain why you believe the original decision was incorrect.
- Decision: After the review or hearing, the VA will issue a new decision on your appeal. You will receive a letter explaining the outcome and any changes to your disability rating or benefits.
For veterans who want to explore appeals in different areas of the law, the Justice Department offers helpful resources on the appeals process for a wide variety of legal decisions. You can read more about it here: Justice Department Appeals.
Reviewing Your Appeal Results
After the VA reviews your case, you’ll receive your appeal results in writing. The letter will explain the VA’s decision, including whether your appeal was approved or denied, and provide details on any changes to your disability rating or benefits. The VA Disability Appeal Success Rate depends on the specific appeal you have performed.
There are three possible outcomes:
- Granted Appeal: If your appeal is granted, the VA will adjust your disability rating or benefits accordingly. You may also receive back pay dating back to the original claim date.
- Denied Appeal: If the VA denies your appeal, you have the right to continue the appeals process by filing a new appeal or escalating your case to a higher court, such as the U.S. Court of Appeals for Veterans Claims.
- Remanded Appeal: In some cases, the BVA may remand your case, sending it back to the VA Regional Office for further review. This often happens when the VA needs more evidence to make a final decision.
If your appeal is denied and you wish to escalate further, you can explore options in federal court. More details on the appellate system are available on the U.S. Courts website: Appeals in Federal Courts.
How Long Does the VA Appeals Process Take?
The length of the VA appeals process can vary significantly. For simple cases, the process may take a few months. However, more complex appeals, especially those that require a hearing, may take over a year.
The current average wait times for appeals at the Board of Veterans’ Appeals (BVA) can be found on their official site: BVA Decision Wait Times.
It’s important to stay patient and check your claim status regularly. You can track your appeal’s progress on the VA.gov portal or reach out to your local VA office for updates.
For more details on appealing disability claims and timelines, check out the Social Security Administration’s appeal process as well: SSA Appeals Process.
