If you disagree with the rating decision of your VA claim, you can file an appeal to have it reviewed by a Veterans Law Judge. This is an opportunity to present new, relevant evidence for your case.
You will be asked to take an oath and speak to the judge during the hearing. You may have a representative with you, like a VA-accredited lawyer.
Medical Records
Medical records are a crucial piece of evidence for any claim. They include diagnostic tests, treatment histories, medical opinions, and other relevant information.
Depending on the goals of your appeal, consider obtaining testimonies from witnesses. These could be friends, family members, or coworkers who can attest to how your condition affects you.
To have your case reconsidered by the VA, you must file a Notice of Disagreement (NOD). This request should include new and relevant evidence that supports your argument. In addition, veterans who received a denial from the BVA can file a Supplemental Claim to point out errors in law or facts in a previous decision. The new evidence must meet the reasonable doubt standard discussed above to be considered for a supplemental claim. For this reason, it’s essential to speak with a VA-accredited lawyer to learn what kind of evidence is most persuasive for your situation. Learn more about VA claim appeal.
Reports from Doctors
Depending on the goal of your appeal, you might want to include signed testimonies from friends, family members, or employers regarding how your disability impacts your daily life and career. You may also want to get reports from doctors and other medical professionals that can bolster your case.
Your advocate can ensure that all the evidence you submit meets VA’s submission standards and is in the format they need. This will make it easier for the Board to process your claim and find in your favor.
The most common type of appeal is a direct request to the Board of Veterans Appeals (BVA). This option requires you to choose one of three docket options based on your evidence.
Testimonies from Doctors and Other Medical Professionals
When preparing your veterans disability appeal, bringing in persuasive testimony from a medical professional can help. Usually, such professionals will review your entire claims file and assert to a degree of medical certainty that your current condition is more likely than not connected to your service. They will also review your past medical records and examine you under oath for the hearing.
The VA’s doctors are very influential, so your advocate should be able to find a well-sourced doctor who can provide a favorable report. They can also successfully attack adverse reports, especially when the Board mishandles the evidence in your case.
There are three ways to appeal a VA decision. A direct review involves a Veterans Law Judge reviewing the same evidence you submitted in your NOD. This option might be best if you don’t have any new evidence to submit and you’re not looking for a full hearing. If you choose this option, the review can take up to a year.
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When veterans disagree with the VA’s decision, they have one year to file a Notice of Disagreement (NOD). An experienced benefits attorney can explain the legal rights and options surrounding the appeals process.
Once a veteran files an NOD, they can select either a traditional review, where the RO appeals team takes a second look at their case, or a de novo review, where a DRO will take a fresh look at the claims file and all of its evidence. Once a claimant has selected their lane, they can gather and submit new evidence to support their claims.
It’s important to note that the Appeals Modernization Act allows veterans to have their cases reviewed by a Veterans Law Judge (VLJ) in addition to the streamlined lane option. This is a great way to alleviate the long cycle of legacy appeals and ensure that veterans’ claims are reviewed more timely. If a veteran is in a high degree of need for their disability or has severe financial hardship or other sufficient cause, they can apply to have their case advanced on the VLJ’s docket.
