VA disability appeals take a lot of time. Whether your initial claim is denied or you need to appeal a rating decision, it can be frustrating to wait for the outcome.
The Appeals Modernization Act (AMA) has made the process faster. However, there is still a long waiting period for legacy appeals.
Timeline
The VA disability appeals process can take a long time, and the success of your claim depends on how thorough and timely you provide all necessary evidence. Several deadlines must be met, and missing any can cause delays in your case. Thus, you must be aware of the VA disability appeal wait time.
The initial appeals process begins after the VA sends you a Rating Decision you disagree with. You can file a Notice of Disagreement, Request for Supplemental Statement of the Case, or Direct Review. Each option takes, on average, about a year to complete. Veterans should consider working with an experienced lawyer to help ensure they submit all pertinent evidence and meet all deadlines.
Notice of Disagreement
If you disagree with a decision from the VA, you have one year to file a notice of disagreement. This can include a variety of areas where you think VA made mistakes. For example, you might disagree with the severity of your symptoms or the medical complications that stem from your service-connected primary injury. Our attorneys can help you create an effective Notice of Disagreement highlighting those points.
After you file the NOD, the Board will request a statement of the case to clarify any ambiguities. This will add more time to the process as well. If you still don’t agree with the Board’s decision, you have two other options to continue the review: filing a supplemental claim or requesting a higher-level review. Both options will require new evidence submission, so it is essential to consult with your attorney before selecting the right path forward.
Supplemental Claim
Using the supplemental claim lane allows you to ask the VA to review new information you submit alongside your appeal paperwork. This is one of the three Appeals Process Lanes that a 2017 law restructured and simplified. During this review, you can provide what VA refers to as “new and relevant” evidence you didn’t have before the original decision. This can include new diagnostic tests or assessments, a statement from your treating doctor, and other evidence that helps you prove your claim based on current regulations.
Board Appeal
On average, it takes a year to hear back on your appeal from the Board. During this time, you may be stuck with the initial disability benefits rate or unable to claim compensation. The next step is requesting a higher-level review or supplemental claim. A senior reviewer at a regional office will reconsider your claim and decide whether or not it should be reversed. This review requires no new evidence and can be much faster than a board appeal. Once the regional office has received your Notice of Disagreement, it will prepare a Statement of the Case. This will include the decision and explain why the reviewer decided against you. The SOC will also include VA Form 9, which you must complete to continue your appeal. Once your Form 9 is completed, it will be sent to the BVA. The VA will then transfer your file to a BVA judge. At this point, you can request a hearing with the judge.
