why is va responding now that i have an attorney

If your claim is taking too long to resolve, it likely means the VA is at fault, not your attorney. Think about it this way: If the VA cannot effectively handle 41,000 pieces of mail, any efforts your attorney is making on your behalf are going unnoticed by the VA. Your attorney cannot control or expedite this process.

Full Answer

Should I hire a VA lawyer?

A VA lawyer will be able to bring clarity to the confusing nature of the appeals process. Though you usually need to have been denied at least one time before a VA lawyer can assist you, they are often able to quickly determine the missing link between your initial claim and what you need to prove entitlement.

Why is my lawyer not responding to me?

There are many reasons a lawyer may be unresponsive including the following: They are too busy. The lawyer has stopped representing your case. They don’t know how to properly communicate. Your case is complicated. They are away from their office. And more!

Why choose VA claims insider?

To be the most trusted name in education-based resources for veterans. Veterans helping veterans access education-based resources to get the VA disability rating and compensation they deserve. VA Claims insider is an education-based coaching/consulting company.

Do I need a VA attorney to file a brief?

The VA will supply you with a complete copy of your file (which is called the Record Before the Agency —or RBA) and the Court will issue you a 60-day Notice to File a Brief. You will need to develop a strategy and a plan-of-action to deal with the Court. Here is where a VA attorney is invaluable.

How long does it take the VA to respond?

As of June 2021, the average time it takes for the VA to issue a decision on VA benefits is 134.4 days. If your application is denied and you want to complete the appeals process, it will take approximately 125 days for a Supplemental Claim or Higher-Level Review and more than one year for a Board Hearing.

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

The Veterans Benefits Administration usually takes 12 to 18 months to review 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 to 7 years for you to get a decision.

How long does a VA claim stay in evidence gathering review and decision?

How Long Will My VA Claim Take? Your VA disability claim will likely take 90 to 120 days from submission to rating decision although it could take longer if the VA needs to track down important evidence on your behalf.

How long does VA preparation for decision take 2022?

4 to 6 weeksIn 2022, you can expect to receive a VA rating decision within 4 to 6 weeks after your last C&P exam. If it's been longer than 6 weeks, pick up the phone, call the VA hotline, and ask to speak to a VA representative at 1-800-827-1000.

Why is the VA so slow?

The process of applying to the Department of Veterans Affairs (VA) for benefits is often very slow because the VA has a huge backlog of pending applications. While you cannot do much to make the VA process go faster, there are things you can do to avoid delays.

Why is the VA taking so long?

The VA estimates that it takes 94 days to process an application. In reality, claims are taking much longer due to a continued backlog related to COVID-19 and other factors.

Does pending decision approval mean approved?

it means a decision has been made, they are just waiting on someone else to approve it. That is good news. Remember, there is always a chance, at any stage, that it can go backwards... But this is definately positive news.

How far behind is the VA with processing claims?

While the automation pilot can process claims in as little as one-to-two days, Reynolds said in cases VA needs to see the veteran for a medical exam, the claims are processed in about 50 days.

How long does a VA appeal take 2022?

about 11-12 monthsHow long does a BVA direct review appeal take? In 2022, a direct review appeal to the VA Board of Appeals takes the board about 11-12 months to come to a decision from when you first file an appeal.

Does preparation for decision mean denied?

Yes, Preparation for Decision is a good sign! This means your VA claim is progressing and nearing the final stages of a VA rating decision: approval, denial, or deferral. Generally, you can expect to receive a VA rating decision within 30 business days of the Preparation for Decision phase.

How backlogged is the VA?

The claims backlog is nearly three times higher than in early 2020. The backlog reached as high as 264,000 last October. Last week's totals are 29% lower than that mark. Despite the rapid progress, officials have said it may take until mid-2024 to get the figure below the 100,000 case level again.

How can I speed up my VA claim?

How Do I Expedite My VA Claim? If you fall into one of the categories listed above, you can apply to have your case expedited. To do so, you will need to fill out a Priority Processing Request via VA Form 20-10207. The five-page form contains instructions for applying to have your claim expedited.

What percentage of VA remands are approved?

Fiscal Year 2018: Board of Veterans' Appeals Approval Rate Of this 35.75 percent, 19.61 percent (16,729) were allowed without any remanded issues, while 16.14 percent (13,763) were allowed with at least one remanded issue. Within the 85,288 decisions completed in FY 2018, VA decided on a total of 253,450 issues.

Does pending decision approval mean approved?

it means a decision has been made, they are just waiting on someone else to approve it. That is good news. Remember, there is always a chance, at any stage, that it can go backwards... But this is definately positive news.

How long does a BVA appeal take 2022?

about 11-12 monthsHow long does a BVA direct review appeal take? In 2022, a direct review appeal to the VA Board of Appeals takes the board about 11-12 months to come to a decision from when you first file an appeal.

How long does a VA remanded appeal take 2022?

In reality, it can take anywhere from 3 to 12 months before a new decision on a VA remand is issued. If a veteran's appeal is returned to the Board again it usually takes several months to be reviewed, depending on the current backlog at the Board.

What do I do if my VA claim is denied?

You have the right to appeal. The appeals process is a review process that allows you to choose from three decision review options: Supplemental Cl...

Why are VA claims denied?

The top three reasons for a VA disability claim denial: No medical diagnosis of a disability No clear “nexus” to prove a service connection No evid...

What percentage of VA disability claims are denied?

Today, 31% of disability claims are denied—and 60% of those denials are in error.

Does the VA try to deny claims?

The VA has no mandate to deny claims. However, they will deny your request if it is not filed using the correct form.

How long does a VA appeal take?

The average wait time for a VA decision is around 107 days. The VA’s goal is to issue all decisions within 125 days.

How long does it take for a BVA decision?

The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days.

What Is the Board of Veterans’ Appeals (BVA)?

The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.

Can you receive VA disability benefits for life?

Yes. VA benefits are granted to veterans as long as they remain disabled at the same level of impairment and even until their death.

The Presumption of Regularity

If you assume your representative has also received a copy of VA correspondence, you probably expect your representative to respond to the VA. But if you don’t inform your representative that a decision has been received and the time-period to appeal a claim elapses, you can’t argue that the VA should accept your appeal out of time.

Veterans Serving Veterans

Are you receiving the veterans’ disability compensation you are entitled to receive by law? If you need assistance appealing VA Rating Decisions for mental health conditions or physical disabilities that occurred in service, please contact the Berry Law Firm.

What is VA Claims Insider?

VA Claims Insider is an education-based Coaching/Consulting company for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process . We also connect veterans with vetted independent medical providers in our referral network for medical examinations, Disability Benefits Questionnaire (DBQ) reviews, and credible Medical Nexus Letters for a wide range of disability conditions.

What is Veterans Helping Veterans?

Veterans helping veterans access education-based resources to get the VA disability rating and compensation they deserve.

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How long can a service connected disability be reduced?

10-year rule: A service-connected disability rating cannot be reduced if it has been in effect for ten years. Ratings can be reduced if evidence shows the condition has improved. If the VA can prove fraud, it will eliminate the rating.

What to expect when getting a VA transition briefing?

When you get your transition briefing, the VA representative section may talk about using them to assist with your disability claim.

What is CFR 38 Part 4?

CFR Title 38 Part 4, the VA Schedule of Ratings is the law covering disability. Not learning the law and what your entitlements are on hurts yourself.

How long does it take for a VA rating to be lowered?

The 5-year rule: If the rating has been in effect for five years. It can be lowered If your condition has improved on a continual basis. Otherwise, it cannot. The VA must have documented proof the condition has improved.