how long does va disability appeal take with lawyer

Full Answer

How long does it take to appeal a VA disability decision?

537 days: average time between when VA receives an appeal to the Board to when they certify that appeal 222 days: average time between when the appeal is certified to the Board to when it is placed on the Board’s docket 270 days: average time between when the appeal is docketed to when the Board issues a decision

Should law firms release their VA disability appeal success rate?

The ethics rules believe that statement would lead a potential client to believe they have a 99% chance of winning their claim after hiring a VA disability compensation lawyer. You can see how allowing law firms to release their VA disability appeal success rate would create unreasonable expectations for potential clients.

How do Vava disability lawyers determine how far back to claim?

VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim. In some cases, your award may have an effective date that could go back for decades.

What is the average wait time for a VA disability claim?

The hearing docket in particular may have an average wait time of 5-7 years. VA intends to provide regular wait time updates so that veterans can remain informed and up to date on the status of their claims and appeals.

How long does it take for a VA law judge to make a decision?

The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5-7 years for you to get a decision.

How long does the average VA appeal take?

Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans' Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months.

What are the chances of winning an appeal with the VA?

Without representation, veterans have a roughly one in four chance of receiving benefits on appeal: 2017 - 24.42% of appeals were approved with no representative. 2018 - 27.22% of appeals were approved with no representative. 2019 - 26.18% of appeals were approved with no representative.

How long does it take to get back pay from a VA appeal?

VA maintains that veterans should receive VA back pay within 15 days of the decision granting the retroactive benefits either through direct deposit or a check. However, it is not uncommon for VA to take several months to issue back pay and retroactive benefits.

Why do VA appeals take so long?

The problem with trying to more quickly close out disability claims is that more mistakes are made on the initial Rating Decisions, and thus more veterans are going to want or need to file an appeal. Thus, the backlog of cases simply shifts from the initial claim level to the appellate level.

What happens after my VA appeal is granted?

Once the Board grants service connection, it sends the case back to the Regional Office for the VA to issue an implementing rating decision where it assigns a rating and an effective date. When this happens the veteran will receive another rating decision with a letter explaining what his benefits will be.

How long does a VA appeal take 2022?

Veterans can expect to receive a decision within 68 and 82 days for the first or second appeal options, respectively. Veterans can pursue a third option by appealing directly to the Board of Veterans Appeals.

How often do VA claims get denied?

The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.

How many times can you appeal a VA decision?

If you file a VA disability application and are denied or given a low rating, you have one year to appeal that decision. If you wait longer than a year, you can file a new application. If that application is also denied, you can appeal. There is no limit to how many times you can appeal different applications.

What is the VA 5 year rule?

The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.

Is there a cap on VA disability back pay?

There is no limit to the amount of back pay a veteran can receive. The VA often assigns incorrect effective dates, impacting the amount of back pay a veteran receives.

Does the VA pay back pay in one lump sum?

The VA pays out disability back pay in one lump sum, and you should receive your VA disability back pay within a few months of the VA's decision on your claim.

Initial VA disability claim filing timeline

To better understand factors that go into a lengthy appeal process, let’s first overview what happens with original VA disability claims.

The politics of pending claims

VA disability claims are handled in sequential order – oldest claims are handled before newer claims, and the VA has reported massive backlogs in pending claims.

How long does the process of a VA disability appeal take?

We will be honest here – VA disability appeals sometimes take years to complete. Unsuccessful appeals take less time to process because they are often denied for technical, fixable reasons. Successful appeals are those that are carefully planned and meticulously documented, and they do tend to take longer to reach a successful conclusion.

Two tracks for VA Disability Appeals

There has been a recent change in how appeals are processed, creating a two-track procedure. For decisions issued February 19, 2019 or after, a new process has been implemented, whereas earlier decisions follow a “legacy” appeal track.

How long does it take to appeal a VA disability claim?

How Long Does the Appeal Process Take for VA Disability? The VA estimates that it typically takes between 12-18 months for the Veterans Benefits Administration to review and decide on an appeal under the legacy appeal system.

What is VA appeal?

The VA Appeal Process Under Your Designated Appeal System. There are two different appeal systems, the Legacy Appeal system and the Appeals Modernization Act (AMA) system. The date of your claim decision will determine which system you use for your appeal. Depending on when your claim was decided, you will appeal under the Legacy Appeals system ...

What are the factors that affect VA disability appeals?

Your VA disability appeal timeline will vary significantly based on several factors, including: The appeal system. The complexity of your case. The number of issues you are claiming. To get a better idea of the VA appeals process timeline, you need to determine which appeals system to use for your appeal.

How long does it take for VA to issue a decision?

In the Higher-Level Review (HLR) and Supplemental Claim lanes, the VA has a 125-day goal for issuing a decision. In the Board of Veterans’ Appeals Lane, there are three dockets veterans must choose from and the average wait times vary by docket.

How long does it take to get an appeal certifyed?

537 days is the average time between the receipt of the appeal to certifying it. 222 days is the average time between certifying the appeal to it being docketed. 270 days is the average time between when the appeal is docketed to when the Board issues a decision on the appeal.

When to file a Notice of Disagreement?

You should file a Notice of Disagreement (NOD) within a year of the Rating Decision date. If your claim decision date is on or after February 19, 2019, then you will file your claim under the Appeals Modernization Act system.

Does the VA have a legacy appeals system?

Legacy Appeals System. The VA does not operate under any mandated deadlines under the Legacy Appeals system. Although this is true, the United States Government Accountability Office (GAO) released a report in 2017 outlining the VA’s backlog for disability claims and appeals in this system. According to the GAO, these are ...

What is the VA disability report?

In March of 2017, the United States Government Accountability Office (GAO) released a report titled “VA Disability Benefits: Additional Planning would Enhance Efforts to Improve the Timeliness of Appeals Decisions.” The report outlines VA’s current backlog in working on the appeals for disability benefits of veterans and their dependents.

Can you appeal a VA decision?

Second, veterans can submit their appeals promptly when they receive a decision with which they are not satisfied . VA holds veterans to specific appeal deadlines when they issue a decision, and filing an appeal soon after the decision is issued can prevent any further delays in the process of receiving another decision.

Does the VA have deadlines for appeals?

While veterans must meet strict appeal deadlines, VA does not have internal deadlines for when they must decide claims.

Can a veteran file an appeal at once?

However, veterans can act quickly on certain parts of their claim to prevent further delay in the VA appeals process. First, a veteran can submit all of their evidence at once. When a veteran files an initial claim, they can submit all of their evidence at that time or file a Fully Developed Claim. This will prevent VA from having ...

How long does it take for VA to process an appeal?

Overall, VA expects the appeals process timeline to drop from 5 years to 3 years in the new system, and eventually hopes to process claims and appeals within a 12-18-month timeframe.

How long does it take for the VA to decide on a disability claim?

As of July 2020, it takes VA an average of 124.8 days to finalize a decision on initial disability-related claims. However, this average rate is on the verge of exceeding VA’s 125-day goal to decide on initial claims, and the department was previously completing them in only 96 days on average (Fiscal Year 2019 data).

How many lanes are there in the VA appeals process?

The legacy appeals system only involves one “lane” in the veterans’ claims and appeals process. In other words, all veterans filing for VA disability benefits go through the same steps and must adhere to the following appeal deadlines:

What is the GAO report on VA disability?

In March of 2017, the United States Government Accountability Office (GAO) released a report titled “ VA Disability Benefits: Additional Planning Would Enhance Efforts to Improve the Timeliness of Appeals Decisions ”. The report outlines VA’s current backlog in working on the claims and appeals for disability benefits in the legacy system. According to GAO’s report, these are some of the average wait times starting when the veteran files an appeal to when VA issues a decision on that appeal:

How many VA cases were decided in 2019?

Therefore, veterans should theoretically speaking have guidelines for how to proceed. As for the Board of Veterans’ Appeals, it decided about 95,000 claims in 2019, exceeding its goal by 5,000.

How long does it take for a VA hearing to be held?

Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. Nonetheless, the number of hearings VA held in 2019 went up 38 percent from the previous year, which is a good sign for veterans.

How long does it take to file a NOD?

Veterans have one year to file a Notice of Disagreement (NOD). VA will then issue a Statement of the Case (SOC), explaining why the claim was denied or only partially granted. Veterans have 60 days from when VA issues the SOC to file a VA Form 9 Substantive Appeal to the Board of Veterans’ Appeals.

Things You Must Know for Your VA Disability Rating Appeal

The first thing you have to know about a VA disability rating appeal is that you only have one year to take this action. A Notice of Disagreement is filed on VA Form 21-0958.

What Percentage of VA Disability Appeals Are Approved?

Statistics show that around 35% of appeals receive approval at the Board of Veterans Appeals. Unfortunately that leaves nearly two thirds that are returned or rejected for a variety of reasons.

How Long Does a VA Disability Appeal Take?

One of the most challenging parts of a VA disability appeal is the time it takes for a decision. On average, an appeal takes about one year from the date you file to receive an answer. In some cases, the complete process can take years, particularly when going through multiple rounds of appeals for multiple injuries.

What is a PTSD Appeal?

Due to the the nature of military service, many Veterans have Post Traumatic Stress Disorder, or PTSD. The disruptive nature of this disorder and its adverse effect on Veterans’ lives entitles them to apply for disability compensation. Even if you have a strong case, you may receive a rejection for your initial PTSD claim.

What is the MyVA Portal?

The Department of Veterans Affairs launched the MyVA portal to provide disability benefits information. MyVA was designed to make it easier to coordinate between veterans and service providers, as well as search for relevant information. Available through the VA.gov website, the MyVA portal was built to enhance the disability claims process.

Should I Accept a Low Rating to Reduce Time?

Your disability rating is the key factor in determining how much compensation you receive, and can determine your priority for care. The higher your rating, the more compensation you receive, but many Veterans simply take their initial rating because of horror stories from friends of long appeals processes.

How is Berry Law Firm Different?

If you are looking to hire a professional to help appeal your VA disability rating, you may be overwhelmed by the options. There are hundreds of organizations and law firms that will offer to help you, and the choice can be overwhelming. The partner you choose will need to stand by you for months, years, or even a decade.

How to improve VA disability appeal?

Use Doctors Reports: You can drastically improve your VA disability appeal success rate by using relevant medical evidence and reports from medical professionals. Veterans should use reports from vocational experts, doctors, and psychologists.

Why is the VA remanding a disability appeal?

This happens to a very large number of VA disability appeals because new evidence is generally submitted on an appeal . The final reason the BVA may remand a VA disability appeal is if the VARO did not process the claim correctly. This scenario happens a lot.

Why does the VA deny a condition?

Other times the VA denies a condition because the C-file did not link the condition to service. You can use medical reports to link conditions to your time in the service. Focus on Your Central Arguments: Too often we see veterans throw everything at the VA and hope something will stick. That is not the best strategy.

Do VA disability appeals equal 100%?

The numbers below come from the VA’s 2020 annual report. You may notice that the BVA approval and denial rates do not equal 100%. That is because the rest of the claims are remanded for further consideration, which is explained in the next section. Many VA disability appeals are approved after the BVA remands the claim.

Is VA disability a secondary service connected disability?

Those conditions can be considered service-connected as well. These medical conditions are called secondary service-connected disabilities and they are compensable by the VA. Forget the VA’s Duty to Assist: The VA has a duty to assist veterans with their VA disability compensation claims.

Does being mean to VA employees improve disability appeal?

Being the Squeaky Wheel: You will attract more flies with honey than vinegar. Being mean, rude, and yelling at VA employees will not improve your VA disability appeal success rate. Remember, the VA employees are overworked and aren’t given the resources to do their jobs.

Can you rely on the VA for help?

Do not rely on the VA for help, correct information, or assistance with your claim. Use Case Law: The VA disability appeal success rate may increase for well-thought-out briefs that cite legal precedent. This is where VA appeals get tricky for veterans and non-lawyers.

How long does a VA appeal hearing last?

Answer any questions the judge has about your appeal. Share any new evidence with the judge. Hearings usually last 30 minutes.

How long before hearing to withdraw VA appeal?

If you need to withdraw your hearing request, you or your representative should send a written request at least 2 weeks before your hearing. Include your name, the VA file number for your appeal, and the reason you’re withdrawing the appeal.

How to reschedule a VA hearing?

You’ll need to send a written request to the Board of Veterans’ Appeals providing good cause to reschedule your hearing at least 2 weeks before your hearing. Include your name, the VA file number for your appeal, and the reason why you need a new hearing date. Send your written request to the Board. Use the address or fax number listed below.

How to appeal a VA decision?

If you're appealing a VA decision under the new process, keep reading below to learn how to request and prepare for a hearing. You'll follow the new process if you're: 1 Appealing a VA decision you received on or after February 19, 2019 2 Participating in the Rapid Appeals Modernization Program 3 Opting into the new process using VA Form 10182

How long does it take to get a hearing in the mail?

The Board of Veterans’ Appeals schedules hearings in docket order (the order in which they receive requests). You’ll get a notice in the mail at least 30 days before your hearing is scheduled. It will let you know the date and time of the hearing and where it’s located.

What to do if hearing is less than 2 weeks away?

If your hearing is less than 2 weeks away, you’ll need to file a motion explaining why you need to reschedule. Examples of “good cause” for rescheduling would include if you, your representative, or a witness are sick or you had trouble getting records.

Can you bring new evidence to a hearing?

Yes, you can bring new and relevant evidence to your hearing to share with the judge. You also have 90 days after the day of your hearing to submit new evidence for the judge’s review. Please don’t submit new evidence prior to your hearing.