i have a lawyer for va case. how long before va makes decision

by Esteban Windler 4 min read

According to the VA, on either a supplemental claim or higher-level review process, a decision should be made within 4-5 months (their goal is within 125 days).Jan 3, 2022

How long does it take the VA to make a decision?

When the 90-day time period for submitting new evidence closes, your case will be placed on the docket for a decision by a judge. If you don’t have new evidence to submit, you can waive the 90-day time period that’s automatically added to your appeal.

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

However, you can expect to wait months to receive a decision or a request for more evidence. According to the U.S. Department of Veterans Affairs (VA), it takes 111.5 days on average to complete a disability-related claim (as of April 2019). Importantly, veterans may experience longer or shorter wait-periods.

How long do veterans have to wait for a VA hearing?

Dec 01, 2021 · You will generally get an initial rating within six months of filing a claim, but the actual length of time for claims has varied widely from 90 days to 2 years. To understand why the process takes so long and is so variable, it helps to understand how the process works. First Things First: Who Can Qualify To Receive VA Benefits?

What to do if you disagree with a VA Board decision?

May 21, 2020 · How long does it take VA to make a decision? 4-5 months Our goal for completing Supplemental Claims is 125 days. File a Court Appeal You can request a review of the Board’s decision from the U.S. Court of Appeals for Veterans Claims. You can hire an attorney to represent you, or you can represent yourself. Learn more about filing a Court Appeal

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How long does it take a veteran 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.Mar 26, 2021

How long does it take for VA pending decision approval?

STEP #6: Pending Decision Approval Phase (Pending Decision Approval) In Step 6, the RVSR's decision recommendation documents are reviewed, and a final award approval on your claim is made. Usually sent to a second tier reviewing authority for final approval. This step typically takes 7-14 business days.Jun 4, 2019

How long does the VA decision phase take?

approximately 128 daysDoing so will hopefully allow VA to make a decision without requesting additional evidence. As of July 2020, the average wait time for a decision after filing an initial claim is approximately 128 days; however, decision times tend to vary on a case-by-case basis.Oct 29, 2020

How long do VA decision letters take?

If you mail your application, we'll send you a letter to let you know we have your claim. You should get this letter about one week, plus mailing time, after we receive your claim.Apr 1, 2022

How do you tell if your VA claim was approved?

You can check the status of your VA claim, appeal, or decision review on VA.gov. You'll need to sign in first with DS Logon, My HealtheVet, or ID.me. If you don't have any of these accounts, you can get one now. If you need help, please call us at 800-827-1000.Dec 21, 2020

How far back does VA disability back pay go?

It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.

How long does VA evidence gathering take?

30 to 90 DaysEvidence Gathering: 30 to 90 Days The VA will review any evidence that you provided with your claim. If more evidence is needed for your claim, you may be contacted by a VSR to go to a Compensation and Pension exam (C&P Exam).Dec 23, 2019

How long does it take to get VA back pay?

within 15 daysVA 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.Oct 9, 2019

How can I speed up my VA claim?

What Can I Do to Make the VA Disability Process Go Faster?Respond quickly and thoroughly to any requests for documentation.Do not submit incomplete information.Do not submit irrelevant information. All information you submit requires review and possibly an examination which could slow down the process.

Why is my VA decision taking so long?

First and foremost, the number of new claims being filed is contributing to the backlog. With many veterans returning home from the recent conflicts in Iraq and Afghanistan, there are now more new claims being filed through the VA than ever before.

What happens after VA decision letter?

The VA Rating Decision Letter will inform you that VA has reviewed your case and determined whether your claimed conditions are related to service. If service connection is granted, the Rating Decision Letter will also establish a disability rating for each condition and an effective date.Nov 22, 2018

How do I get my VA decision letter?

Obtaining a VA Rating Decision LetterCall the VA and request decision letter to be faxed to our office.Call the VA and request decision letter to be emailed to you.Fax the VA a written request for the letter and ask that it be mailed to you. ( May take up to a month)Apr 4, 2021

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 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 long does it take to get a VA disability?

According to the U.S. Department of Veterans Affairs (VA), it takes 111.5 days on average to complete a disability-related claim (as of April 2019).

Can you appeal a VA decision?

VA will make a decision on your claim when it believes it has all the required evidence. If you are satisfied with VA’s decision, your work is complete. However, many veterans receive denials or lower ratings than they believe they deserve. In this case, you have the right to appeal VA’s decision.

When will VA appeals be processed?

If you received a denial from VA on or after February 19, 2019 and file an appeal, it will be processed under the “new” AMA system. If you filed an appeal before this date, you can continue using the “Legacy” appeals system, with VA presenting opportunities to opt into the AMA system.

What to do if you disagree with a board decision?

If you disagree with the Board’s decision, you have 2 options. You can file a Supplemental Claim by adding new and relevant evidence to continue your case, or you can appeal to the U.S. Court of Appeals for Veterans Claims.

Can I request a review of the Board of Veterans Claims?

You can request a review of the Board’s decision from the U.S. Court of Appeals for Veterans Claims. You can hire an attorney to represent you, or you can represent yourself.#N#Learn more about filing a Court Appeal

What is the SWAN number?

Call the SWAN legal resource at 202-798-5570.

How to choose a lawyer?

When choosing a lawyer you should talk to at least 2 or 3 before you sign any contract. Choose someone who is prompt to respond to your questions and eager to discuss your case. If you are shuffled from one paralegal to the next and you aren't able to speak with the lawyer, move on to someone else.

Do lawyers work for free?

Most lawyers won't work for free. Any lawyer who says they will help you file a claim and then charge you for it is breaking the law. If you do need help filing your claim, for whatever reason, you should contact a veterans service organization for free help.

Question

I just had my disability hearing and I thought it went well. When will I get a decision, and assuming I'm approved for benefits, when will they start?

Answer

How long will it take to get a decision from a judge once you've already had your disability hearing? There is no set schedule. Some hearing offices say it will take approximately six weeks to receive a decision; some judges tell claimants they try to have the decision out in 30 days.

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