why wouldn't an attorney be able to help me with a va appeal process

Who can help me with my VA appeal?

If you need help filing a claim or appeal, you may want to work with an accredited attorney, a claims agent, or a Veterans Service Officer (VSO). We trust these professionals because they're trained and certified in the VA claims and appeals processes and can help you with VA-related needs.

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.

Can the VA reverse a decision?

The Board of Veterans' Appeals is the appellate body of the Department of Veterans Affairs that has the ability to review and reverse decisions issued by the Regional Office (RO).

What percentage of VA disability appeals are approved?

The Board of Veterans' Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.

How many times can you appeal a VA decision?

There is no limit to how many times you can appeal different applications. You should submit new evidence with each claim. The best way to win an appeal is to do it right the first time. The VA disability appeals process can take years.

What is the average time for a VA appeal?

between 12-18 monthsHow 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.

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.

What is VA favorable findings?

Favorable findings made by an adjudicator during the claims process are binding on all subsequent adjudicators (within the VA system), in the absence of clear and unmistakable evidence to the contrary. Favorable findings will also be outlined in decisions issued under VA's claims and appeals process.

What is a VA duty to assist error?

Duty to Assist Errors If VA does not make a reasonable effort in its duty to assist, this is called a duty to assist error. When a duty to assist error is detected during the Higher-Level Review, veterans may receive a notice saying the claim is being deferred for additional development.

What to expect at a VA appeals hearing?

To start, the Veterans Law Judge will ask you to take an oath that you'll tell the truth during the hearing. You'll then: Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal.

How long does a VA remanded appeal take?

3 to 12 monthsIn 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. Some veterans wait years for their cases to be reviewed by the Board.

What happens when a VA appeal is granted?

When the BVA overturns a decision, the veteran will be granted their request for benefits. This is a final decision on the matter, and benefits may no longer be denied. Often the decision is a remand by the BVA.

Why do veterans opt for an attorney?

In most cases, because of the time it takes a self-represented veteran to get a favorable decision from the VA, as opposed to having a competent attorney prepare arguments, most will opt for an attorney. The reason being, the VA does make it a tough, and sometimes grueling process, and often times, veterans lose hope that any kind ...

How many claims does a service organization representative have?

The average service organization representative has over 1,000 claims. An attorney, on the other hand, will only take the number of veterans claims the law firm can provide competent and expert legal assistance to at any particular time.

Should veterans represent themselves?

But, many veterans would rather, at least at first, represent themselves in their ensuing battle with the VA to get their rightful benefits. Before any veteran self represents, he/she should decide whether it is worth his/her while to “go it alone”, or opt for legal representation.

Do attorneys rely on the VA?

Next, attorneys do not rely on the VA to develop the evidence to support the claim . A competent law firm representing veterans in their disability claims uses medical professionals to ensure each and every claim by the veteran meets the standard of proof required by the BVA (Board of Veterans Appeals) and the CAVC , ...

Understanding your Veteran Administration (VA) Appeals Process

You are a Veteran who applied for VA Disability Benefits. You got your decision back from the VA Office and it was either denied or not what you expected, now what? If you are dissatisfied with your initial claim outcome, then you have the right to dispute the decision. This is done through the VA Appeals Process.

Notice of Disagreement (NOD)

The first step in the appeals process is to write an official statement to express your disagreement with the claim decision. This is a VA issued form called the VA 21-0958. You must file this document within a year of the decision date, or the VA will not accept it.

Statement of Case (SOC)

Your SOC is a detailed explanation of how your rating was decided by the VA. This includes all of the evidence and regulations that contributed to your benefits decision. This and a Substantive Appeal Form will be mailed to you once the VA receives and reviews your NOD.

Substantive Appeal Form (VA Form 9)

This document will give you the chance to contest any of the information within the SOC that you believe is incorrect. This form is a crucial piece of the appeal process because it outlines your appeal to the VA.

What happens if you disagree with a VA decision?

If you disagree with a decision made by the Department of Veterans Affairs (VA) that is dated on or after February 19, 2019, you must use the new appeals system. That means you can select from three alternative decision review options to challenge the denial of any or all of your claims. If you aren't satisfied with the results ...

How to file for higher level VA review?

To file for a higher-level review, fill out the Decision Review Request: Higher-Level Review Form ( VA Form 20-0996 ). Afterwards, if you receive a higher-level review decision and do not agree, you can still file a traditional Veterans Board Appeal, and your case will be reviewed by a Veterans Law Judge.

How long does it take to submit evidence to VA?

Submit more evidence. You can submit additional evidence to the Veterans Law Judge for review, but the evidence must be submitted within 90 days after your Decision Review Request: Board Appeal (VA Form 10182) has been received. Request a hearing.

Can you file a NOD if you are not satisfied?

If you are not satisfied with the result, you can still file additional claims or elect to use one of the newly created routes to review or appeal. You no longer have to keep filing an NOD (Notice of Disagreement) to appeal, which is now only used when you first seek to go to the Board of Veterans Appeals.

Why is a VA appeal remanded?

A remand may be necessary if there has been a change in law, a worsening of a disability on appeal or the Veteran introduces new evidence or theory of entitlement at the Board.

What happens if a regional office continues a prior decision?

If it continues the prior decision, you will receive a supplemental statement of the case (SSOC) and your appeal will be returned to the Board for a final decision.

Is the BVA part of the VA?

They have NO legal authority over the RO Director’s corrupt/misconduct actions/inactions. The US Court of Veterans Appeals is a Federal Court. It is NOT part of of the VA.

How to appeal a VA disability?

Here is what some veterans do for help until their VA Disability rating appeal is approved: 1 Use your support system: If you have family and friends who are willing to help, now would be the time to accept assistance. Many veterans rely on the help of family and friends while waiting for their VA Disability rating appeal to be finalized. 2 Reach out to veterans organizations: If you need shelter, food, monetary assistance, you can reach out to local veterans organizations. Local veterans organizations can help get you assistance until your VA Disability rating appeal is approved. 3 Prepare for the long-haul fight: If you have some savings, try to penny-pinch. Be fiscally responsible. If you are bad with money, you can always have someone you know help you budget your remaining money. 4 Continue treating with your doctors: Remember, VA Disability benefits will give you money but they won’t make your mental and physical conditions better. Keep treating with your doctors and focus on your health. Don’t let the stress from filing a VA Disability rating appeal consume your life.

Why is my VA denial low rating?

While the VA does make many mistakes in adjudicating claims, your denial or low-rating may have been due to the evidence you provided. If you don’t present sound evidence, you may expect a denial or low-rating from the VA.

How long does it take to get a VA disability rating?

The VA is slow to process claims. The veterans disability benefits timeline is long. It is not uncommon for a VA Disability rating appeal to take over three years.

What is a VA disability buddy?

These are simply letters from fellow service-members, family members, and friends. They can help prove you have service-connected conditions, where you were stationed, or even that a veteran was involved in an enemy attack.

How to get VA disability rating up?

The best way to get your VA Disability benefits rating up is to interweave all your medical conditions. For example, suppose you are a veteran with service-connected ischemic heart disease, any condition that is from your heart disease may also be considered service-connected.

How much does VA disability have to be to prove disability?

VA Disability law is very different. Remember, the legal standard for you to prove your disabilities is “as likely as not” which is equal to or greater than 50%. That means you only have to prove your disabilities are as likely related to service as they are not.

Do you owe us a penny if your VA disability appeal is not successful?

Did you know you only pay your veterans benefits lawyers at Woods & Woods if your VA Disability rating appeal is successful? It’s true. However, if your VA Disability rating appeal is not successful, you don’t owe us a penny.

How long do you have to appeal a VA rating decision?

You normally have one year from the date the Rating Decision is mailed to you to appeal. To appeal, you must simply send the VA a letter saying you disagree with the decision and why. This is called a Notice of Disagreement (NOD). The NOD should be sent in to your local VA Regional Office (not to any medical center, clinic, etc.).

What to do if your case is denied by the VA?

If your case has been denied by the Board of Veterans’ Appeals, you may seek recourse by filing an appeal at the Court. Unlike the Board, which is part of the Department of Veterans Affairs (VA), the Court is entirely separate from VA and is part of the federal court system.

What is a statement of the case VA?

This is a detailed explanation by the local VA of why and how they came to their decision to deny your claim. This statement will include all the evidence, laws, and regulations that were compiled in making the decision.

Can you appeal a VA disability?

There are a number of reasons you may want to file an appeal. If the VA denied you the benefits for a disability that you believe you received while in service or you believe your disability is more severe that the rating you received, you may want to appeal.

Can you appeal a VA remand?

Once you have gone through the entire appeal process, the BVA will send you a decision. This decision can be yes, no, or a remand. A remand occurs when the board does not believe it has enough information to make a decision and the claim is sent back to the local VA office.

What can a veteran's disability attorney do?

There are things a veterans disability attorney can do – like try to negotiate a Joint Remand – that will give the Veteran more opportunities to prevail before the VA with the benefit of their earlier effective date.

What is the law that allows VA benefits lawyers to get reimbursed?

The VA Benefits Lawyer who prevails for a Veteran before the CAVC typically get their fees reimbursed by the VA – if and only if they substantially prevail – under a law known as “EAJA ” – Equal Access to Justice Act.

Do veterans get an attorney?

There is no absolute “yes” or “no” answer to this question. Most Veterans will benefit from having an attorney represent them at the Veterans Court – also referred to as the Court of Appeals for Veterans Claims or the CAVC. Let’s talk about 3 of those benefits.

Do you have to pay out of pocket for a VA lawyer?

1) Typically, there is no “up-front” cost to hire a VA Benefits Lawyer at the Veterans Court. The Veteran should never have to pay “out of pocket” for a VA Benefits Lawyer to represent them at the Court of Appeals for Veterans Claims.

Can a third party advocate for a veteran?

It may be a bit harsh, but to an extent, a third-party is almost always able to advocate better for the Veteran. By the time the Veteran has gotten to the Court of Appeals for Veterans Claims, he or she has probably spent 5-10 years fighting their way through the bureaucracy.

Can you be charged both VA and VA disability?

You can be charged BOTH – however, the veterans disability attorney has to reimburse the lower of the 2 fees to the Veteran under the EAJA offset rule (so long as the work performed at the CAVC and before the VARO/BVA are on the same claim).