VA Disability Claim Appeal: If you have a medical ailment or mental health impairment related to your military service, you may qualify for veterans’ disability payments.
However, the Department of Veterans Affairs (VA) does not always grant claims the first time around, which is why many veterans consider appealing.
Knowing the length of an appeal and your chances of winning helps you manage expectations and create your strategy.
Two factors influencing VA disability appeals’ success rate are the kind of appeal turned in and the appellant’s legal counsel.
Usually having a success percentage between 34% and 38%, VA disability appeals This percentage somewhat increases if a veteran hires legal counsel to assist with an appeal.
The Board of Veterans’ Appeals Annual Report for Fiscal Year 2022 shows, for example, good outcomes from the Appeals Modernization Act (AMA) process for roughly 38.9% of appeals received.
The landmark expansion of veterans’ benefits known as the PACT Act has approved more than 1 million disability claims in the last two years, but several for-profit companies are also reaping benefits through a legal loophole.@LisaDNews speaks to Patrick Murray to learn more. pic.twitter.com/nntTbl4UQT
— PBS News (@NewsHour) June 23, 2024
In addition, the approval rate for appeals heard at the VA central office is 34% greater than that of appeals conducted at regional offices or through virtual telehearings.
The success rates vary depending on the type of appeal:
- Direct Review: In 2022, roughly 31.5% of these appeals were granted.
- Evidence Submission: The winning rate for these appeals was about 33.5%.
- Hearings: The approval rate for hearing appeals was about 29.2%.
The success percentage for legacy appeals, or those submitted before February 19, 2019, is significantly lower at 34.7%; however, this number rises to 42.1% for individuals who have legal assistance.
VA Disability Claim Appeal: What is the duration of VA disability appeals?
The length of time it takes to resolve a disability appeal with the VA might vary greatly based on the particulars of the case and the type of appeal that was filed.
The Veterans Benefits Administration typically reviews appeals and renders decisions within a year and a half.
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Still, the Board of Veterans’ Appeals can decide whether you request a review by a Veterans Law Judge in up to seven years.
Remember that the VA treats appeals in the order they come in. A timely appeal petition can thus help to shorten the waiting period.
Many veterans find it useful to see a veterans’ disability attorney, given how challenging and drawn-out the appeals process may be.
An experienced attorney can help negotiate the appeals process, gather necessary information, and compile a solid case, therefore increasing the likelihood of a successful resolution.
