Is There a Way to Speed Up the VA Appeal Process?

Waiting for a decision on your VA disability benefits appeal may feel like a lifetime. This feeling has been a consistent annoyance for years among Veterans who have previously experienced this process – and especially those whose applications were denied and needed to be appealed. Our Veterans’ disability law firm takes cases nationwide and can offer strategic guidance during your application, as well as your potential appeal.. Although your lawyer cannot expedite the appeals process directly (only on rare occasions), here’s an overview of how you can navigate the VA appeals system more effectively moving forward.

Understanding the VA Appeals Process

There are three main lanes that the VA offers for appealing a disability claim denial under the Appeals Modernization Act. They are:

1. Supplemental Appeal: This route allows you to submit additional or new evidence that was not previously included in your initial claim submission.
2. Higher-Level Review: To ensure a thorough examination of your case, your appeal is heard by a more experienced VA reviewer.
3. Board Appeal (BVA): If selected, a Veterans Law Judge will review your claim and make a final decision on your appeal, potentially with a hearing.

Why Is the VA Appeal Process so Slow?

Although efforts have been made towards streamlining the VA system process, the wait can still take an extended period of time, including an additional few months for the first two options, or up to four years with a Veterans Law Judge. The primary reason for delays is the unbalanced ratio between the volume of claims being received and the amount of available staff for processing at the VA. Despite staffing improvements over the years, backlog claims and staffing shortages have continued to be a significant issue. Unfortunately, as a result, Veterans can have appeals waiting periods of up to a year or more.

What Can Be Done to Speed It Up?

While there are rare exceptions that may allow the VA to expedite an appeal, these cases are few and far between. Cases must include a Veteran who is facing extreme financial hardship, is 75 or older, or is diagnosed with a terminal illness. Even if these factors are all present, the VA will only fast-track cases with extreme circumstances.

In the meantime, there are proactive steps you can take for an improved appeal experience. Consider contacting an attorney to provide navigation and prep for each appeal lane. It’s important to note that a Veteran’s disability attorney can submit initial arguments, fill out all appropriate forms, and assist in gathering medical records and supporting documents.

Looking to Speed Up the VA Appeals Process? Talk With Our Attorneys About Your Options

By enlisting an attorney early in your process, you can improve your chances of getting initial approval, or identify the right appeals lane to take upon denial. If you or a loved one is struggling with a VA appeal, schedule a consultation with our dedicated attorneys at Jan Dils. Although we cannot accelerate the VA’s appeal process, we are here to guide you through the procedure and present your case the best we can. If we are unable to secure benefits, you owe us nothing. Let us help you take the first step towards securing the benefits you deserve.