Transcript:
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So, if you’ve received a rating decision from the VA and your claim was either denied, underrated, they got the effective date incorrect, or maybe even a combination of these. What do you do? The answer is to appeal. But how? If you received rating decision from the regional office, you have three options. First, you can file a supplemental claim appeal with new and relevant evidence. Second, you can request a higher level review of that rating decision. Or third, you can file a notice of disagreement and appeal straight to the
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Board of Veterans Appeals. There’s a one-year deadline for each of these options. And there are pros and cons to each of these, such as wait times and evidentiary limitations. So, it’s important to speak with your attorney to determine which appeal path is right for you. Now, if you received a decision from the Board of Veterans Appeals, you can either appeal that to the Court of Appeals for Veterans Claims or go back to the regional office if you have new and relevant evidence and file a
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supplemental claim. Again, there are pros and cons to each of these. You only have 120 days to appeal to the Veterans Court, but you have a year to file a supplemental claim appeal. No new evidence is allowed if you go to the Veterans Court, but you have to submit new and relevant evidence along with your supplemental claim. So, if you don’t have new and relevant evidence, the Veterans Court is your only option. Every single case is unique, and choosing the correct path could greatly reduce or avoid a claim being denied
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altogether. Speak with your attorney to determine which appeal path is right for your.
This transcription was AI populated.
