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Veterans have been experiencing long wait times for VA claims process for quite some time. Though the VA is working to address this issue of VA appeals process, the backlog is due to many factors and not limited to just one area of the Veterans Disability claims process.
For this reason, you may experience a longer wait time in one part of the claims process as compared to another. Also, some states experience longer wait times than others fo veterans administration appeals process. The wait time that you may experience will generally be related to the VA Regional Office that processes your claim. Your permanent address will determine which VA Regional Office your claim is assigned to.
VA Appeals Timeline: After filing the initial application for veterans administration appeals process, reopening a previously denied claim or requesting an increase it can take anywhere from months to receive the first decision from the VA. The Rating Decision. The Rating Decision will explain in detail whether you are granted or denied benefits another steps of va appeal process.
The appeal should indicate which issues you are appealing during VA appeal process. The DRO Hearing is somewhat informal and will give you and your representative an opportunity to discuss all issues on appeal and available evidence. It can take a year or more to receive a hearing date. If you choose to forgot the hearing and ask for a decision, this decision is called a Statement of the Case. Much like a Rating Decision, you will have 1 year to file a Notice of Disagreement on any issues that you do not agree with.
Receiving this decision can take several months following your hearing. Sometimes you will receive an SSOC. This is typically an update to the SOC you previously received. If there are any issues listed on the SSOC that were not appealed previously, you will have 30 days to file a VA-9 to the BVA so those issues will be addressed as well. It is always best to confirm with your attorney if anything needs appealed.
It can take a year or more to receive your BVA Hearing date. This hearing will address all issues on appeal to the BVA. This hearing will be held with an Administrative Law Judge and may take place via video-teleconference.
After your hearing has taken place you will receive a BVA Decision. The issues on the decision may be granted, denied or even remanded or sent back to the VA Regional Office for further development. Depending on the outcome of the BVA Decision, you may decide to start over at the initial level, appeal to a higher court or you may be satisfied with the decision.However, in our experience, there is only ONE reasonable option — appeal the Board decision to the Court because:.
How do we do this? However, if our attorneys lose, you do not owe us anything. We will ask you about your Board of Veterans Appeals decision.
If we determine that we can represent you, we can start right away. One specific disease, Glioblastoma Multiforme, is a type of malignant brain tumor, often found in veterans who were exposed to Agent Orange during service. Sadly, when a veteran passes away from a non-presumptive condition such as Glioblastoma, their surviving spouse is often unable to obtain benefits on their own. In the event a veteran passes away, their surviving family members may be entitled to benefits from the VA.#SE3E13 CAVC and the Reversal
In some cases, veterans may have already been service connected for the condition that caused their death. This benefit is separate from Social Security Disability Income. Military sexual assaults occur with both men and women and often go unreported. There is no time limit for a Veteran to file a claim for a military sexual trauma, even if it is decades later. Posttraumatic stress disorder PTSDalso referred to as posttraumatic stress or posttraumatic stress syndrome, is caused by experiencing a traumatic event.
Even though the event has passed, many people continue to experience symptoms for months or even years afterward. Once VA grants service connection for a disability, they then assign a rating based on the severity of the condition. The rating assigned correlates with a monetary amount to be paid monthly. In most cases, the veteran is compensated retroactively back to the effective date of the claim.
This means that VA must pay the monthly amount for the disability for each month the claim was open, usually awarded in a lump sum, in addition to the monthly benefits going forward. Veterans who were injured while in the military, or who aggravated those injuries while in the military, may be eligible for disability compensation. In some cases, compensation claims injuries are immediately obvious, such as when a service member is physically injured while on active duty.
If a veteran sustains a head injury or full body injury during their military service, there may be longstanding effects known as residuals of a traumatic brain injury.This guide offers veterans an in-depth look at the legacy VA appeals process timeline.
Claims filed before February 19,are considered legacy claims. If you filed your claim on or after February 19,click here to see the new appeals system. This article gives veterans an overview of the legacy VA appeals process timeline.
Watch our two-part video series on the legacy VA appeals process timeline before you read its corresponding section. These videos will help you get a better understanding of each process throughout the entire VA appeal timeline.
If you have more questions after reading this guide and watching our videos, please feel free to reach out for help. Click here to start your free legal consultation. These are the wait times for the legacy VA appeals process timeline. Each step will be explained later in this guide to the VA appeals process timeline.
Here is a quick overview of what to expect from the VA appeals process timeline:.
The VA Remand Process – How to Get an Expedited VA Decision on Remand
There are two different paths your claim can take at the VA. The number of claims the VA has to deal with is staggering, some estimates put it at overclaims. Because of this, any discussion of timeframes must take this fact into consideration. The very first step is, of course, is to file a VA disability benefits claim.
You can file an informal claim, but you must follow up that informal claim with a formal claim, within one year. By doing that, you preserve what is it called the effective date. Once your claim is filed it is sent to your Regional Office for review.
That will be followed by the Regional Office issuing something called a Rating Decisionthis process can take anywhere from a few months to a few years. If you are fortunate enough to have your claim granted you should be mindful of several things… Did the VA assign the right effective date, and did they give you the right rating?
What if they denied your claim? It is critical that if you are denied you must realize that you have one year to file your Notice of Disagreement or your claim will die, and you must start over. It then goes to a higher-level review, or what is called a DRO. The DRO will look at the evidence in your file to determine if what you filed a claim for is warranted, and then issue the Statement of the Case.
Just like the Rating Decision, there are two possible outcomes… The Statement of the Case will either grant or deny the condition that you filed a claim for.I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out.
I'm really happy with it, I use it with a program called Noteshelf 2. Click here to purchase your digital journal. Get the book here. After the excitement of finally having the rating you deserve wears off, you start asking questions.
Give a financial gift to help with the upkeep of HadIt. Gifts are not tax deductible, they are just gifts. Hucast21 posted an answer to a question, Thursday at PM. Hucast21 posted an answer to a question, March Galen Rogers posted an answer to a question, March Asked by Bafields1. Does this mean I am stuck for another five years before getting an answer?
Also it never went to trial, the lawyers met and the VA lawyers agreed that they messed up my case and agreed to what my lawyer was saying. Any answers or comments would be appreciated. It should happen faster now that you are through the wait.
Typically there is no long line to get in the door as you are already on the other side. I am sure there are far better people at describing this, but this is what I understand.
But there is a 3 month mandate, which is to give you time to submit new evidence, pretty much always permeitted with a remand. Do you have a lawyer?
Most of the time claimants at cavc are, or should be represented by an attorney, or someone like Alex Graham who is not an attorney, just knows more than all but a limited few top notch attorneys. Now is the time to go over the reasons for remand with a fine tooth comb, and to submit an IMO if needed. Like yourself, I recently got a cavc remand. I expect my BVA decision, per court orders, to be in the next six months, probably less.
They have to prioritize cavc remands. It means the VA messed up.We are going to look at each of these BVA decisions and discuss what they mean. You receive a letter in the mail stating that your appeal was granted. This is the best case scenario for you. You submitted all of your medical evidence along with all of the forms that are required. You wait for what seems like forever and then you receive a letter saying your appeal was granted.
Your appeal is over. You receive a letter in the mail stating that your appeal, in whole or in part, is remanded. This is not necessarily a bad thing. The BVA can remand your case, or specific claims within your case, for a few different reasons.
These are not all of the reasons your BVA decision may be remanded, but there should be an explanation in the letter you receive. It will also state what the Regional Office RO needs to complete or what evidence they may need to gather.
Help! My VA Disability Case Has Been Remanded—What Happens Now?
Along with your file, the BVA will also send a list of what you, your attorney, and the RO need to do before the RO makes a new decision. After this, if more evidence was requested, this new evidence is gathered. You will have 30 days to submit the new evidence.
The VA is required to help you develop your claim such as scheduling you for another exam or gathering records on your behalf. One the RO receives the new evidence or the 30 days are up, then the VA adjudicator will make a new decision on your appeal. They will either grant or deny or appeal. If they grant your appeal, then you are done! You have won your appeal and can be done with the process. The SSOC will state why you were denied along with a summary of the evidence relevant to your case and a summary of the laws and regulations used to make the decision.
If your appeal gets denied, you may continue with the appeal, you can accept the decision, or you can file again from the beginning and lose your date of claim. However, there are other motions you can file directly with the BVA to have your decision reconsidered. BVA decisions are a complex thing. You always hope you are granted, but you do not have to be completely disappointed if you are remanded or denied.
There are additional steps you can take. If you are in the appeal process and need help, please contact us today! Your Appeal is Granted You receive a letter in the mail stating that your appeal was granted.
Your Appeal Gets Remanded You receive a letter in the mail stating that your appeal, in whole or in part, is remanded. For example: There has been a change in the law Your disability worsened during your appeal You introduced new evidence in your hearing The regional office did not process your claim correctly The regional office did not gather enough evidence or did not gather the correct evidence These are not all of the reasons your BVA decision may be remanded, but there should be an explanation in the letter you receive.
Your Appeal Gets Denied If your appeal gets denied, you may continue with the appeal, you can accept the decision, or you can file again from the beginning and lose your date of claim. Contact Us! This field is for validation purposes and should be left unchanged.For instance, if your case was remanded due to lack of medical evidence, the lower authority should make an attempt to develop the medical facts of your case before issuing a decision. If your case has been remanded by the CAVC, the following questions may help you understand what happens next:.
If your claim is denied after a remand—and denied after appeal to the CAVC—you must then appeal to the Federal Circuit Court of Appeals or file a request to reopen the claim and start all over—usually with a much later effective date of disability. A remand, on the other hand, gives your claim a second chance at being approved without filing an appeal and with your original disability date still in effect. If you need help after your VA disability case has been remanded, contact Cuddigan Law today to have us explain the details of your case at no cost to you.
During this period of uncertainty, the lawyers and staff at Cuddigan Law remain available to help you. We want you to know that we are on top of how those closings are impacting our clients' cases. Our team is working remotely, and we are ready to help you with your legal matters - on the phone, through email, or through the use of other technology when necessary, including through the use of videoconferencing as accessibility allows.
Their employees will work remotely but their offices will be closed to the public SSA judges will conduct hearings by telephone and not in person. We are committed to moving your case along and recommend that you handle your hearing by telephone to avoid further delay. SSA benefits provided to you or family members will continue to be delivered.
VA judges will not conduct hearings in person but virtual hearings are an option. VA judges will continue to review written arguments in cases where no hearings were requested. VA benefits and services provided to Veterans, families, and survivors will continue to be delivered. Phone: Subscribe to our Channel.When you file your claim, make sure you apply for all your service-connected disabilities at once.
This can help your claim move through the veterans disability benefits timeline a little faster. The bad news is that created a backlog at the appeal stage. Currently, most initial decisions are issued within months. They used to take well over a year. Veterans have one year to file their NOD. Some vets do receive benefits from the SOC. But many veterans are once again denied at this level. If you are denied again, veterans have sixty 60 days to file a Form 9.
As you have now formally been denied VA disability benefits, it is time to take your case to the BVA. You must file a Form-9 at this point in the veterans disability benefits timeline. SOCs may also be provided after an appeal is remanded to the RO by the Board for new or additional action. After that, the average wait time for a Board decision was days. You do have the option to submit paper briefs and skip the hearing.
We generally do not see the upside to hearings. Paper briefs are sufficient to prove your claim. The Board has the option to deny, grant, or remand see below. The Board may direct them to get more evidence or even schedule an exam.
If your veterans disability benefits timeline takes you to the CAVC, there are three things that could happen to your claim.
Here are the three different things that may happen to your claim at this point in the veterans disability benefits timeline:. A very large number of the new calls to our military disability compensation lawyers are about the veterans disability benefits timeline. Many veterans are concerned how long VA claims take and want their claim expedited. We want to warn you, the VA expedites very few claims. On top of that, the reasons for expediting VA compensation benefits timelines are very few.
Here are the most common reasons claims are expedited:.