A supplemental claim may be made if there is new or relevant evidence since the original claim was filed. Image: Pamela Au/Shutterstock.com
By: Anthony Khun, Esq.Thousands of U.S. military personnel leave active duty each year and adjust to civilian life, but unfortunately, sometimes their U.S. Department of Veterans Affairs (VA) benefits or claims are denied for a variety of reasons.
Can I appeal a VA decision or denial?
Yes, veterans can appeal a VA decision or denial, but there is a strict one-year appeal window and additional requirements with which a VA-accredited attorney can provide assistance.
What are my options?
To appeal a VA decision or denial, veterans can do one of the following, depending on their claim status, and should note there are specific and separate forms for each option:
· request a higher-level review,
· file a supplemental claim, or
· appeal to the Board of Veterans Appeals (BVA).
Request a higher-level review
Veterans may request a higher-level review of an initial claim or a supplemental claim within one year of the date of the VA’s decision letter. It is not possible to request a higher-level review of a higher-level review decision. Higher-level reviews generally take an average of 125 days (four to five months), according to the VA.
File a supplemental claim
A supplemental claim may be made if there is new or relevant evidence since the original claim was filed. To file a supplemental claim, you must meet both of the following requirements: The VA decided your claim in the past AND the claim is not a contested claim. (A contested claim occurs when you and another person are claiming a benefit that only one person can claim, according to the VA. Veterans have 60 days to appeal to a veterans law judge at the BVA.)
Further, you must have new and relevant evidence to submit OR you’re requesting a review of your claim based on a change in law, such as the PACT Act (which expanded VA health care and benefits for veterans exposed to burn pits, Agent Orange, and other toxic substances).
Appeal to the BVA
Veterans can appeal to the BVA if the request is submitted within one year of the initial decision on an initial claim, supplemental claim, or higher-level review, according to the VA. The request for a board appeal may only be made after an initial claim, supplemental claim or higher-level claim have been made.
As a Managing Partner at Tully Rinckey PLLC, Anthony Kuhn focuses much of his time on the representation of military personnel and members of the intelligence community. He has extensive experience assisting clients in navigating matters involving security clearance suspensions and revocations, appeals to the Discharge Review Boards and Boards for Correction of Military Records, UCMJ violations and non-judicial punishment, appeals for service-connection before the Department of Veterans Affairs, rebuttals to GOMORs and QMP selection notifications and requests for Special Selection Boards. He also serves as the Chair of the National Security Lawyers Association. He can be reached at info@tullylegal.com or at (888) 570-6828.
Wherever you may be in your appeal process regarding a VA decision or denial, a VA-accredited attorney can provide the guidance you need to achieve the best outcome possible for your situation.
Tully Rinckey attorneys understand that issues involving filing a VA claim appeal can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about filing a VA claim appeal, our team of attorneys is available to assist you today. Please call (888) 529-4543 to schedule a consultation or schedule a consultation online.
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