Exploring the Three Lanes of VA Appeals

 Posted on August 31, 2023 in Uncategorized

Introduction:

Welcome back to VA Made Easy, your go-to resource for veterans seeking to successfully navigate the complex world of VA disability claims. In this blog post, we will delve into the three distinct appeal tracks provided by the Appeals Modernization Act. Understanding the key differences between these tracks and knowing when to utilize each one is crucial for veterans aiming to secure their rightful VA disability benefits.

1. The Supplemental Claim Track:

The supplemental claim track is designed for veterans who have obtained new and relevant evidence to support their claim. This evidence can either prove or disprove a particular aspect of the case. It's important to note that the evidence must be new and previously unconsidered by the VA. Some issues that align well with the supplemental claim track include:

- Rejected service-connection claims that are over a year old, now backed by new evidence.
- Service-connection claims denied over a year ago, where changes in the law now support your case.
- A denied claim that's now supported by a new theory of entitlement.
- Within the last year, a denied service-connection claim with fresh, relevant evidence.

Advantages of the Supplemental Claim Track:

- Faster processing compared to the Board of Veterans Appeals, taking around 4 months.
- Allows submission of new evidence and theories of entitlement.
- Potential to reopen claims based on changes in law.

Disadvantages of the Supplemental Claim Track:

- Decided by less experienced VA employees, some of whom may have been involved in the initial denial.

2. The Higher Level Review Track (HLR):

The HLR track is suitable when veterans believe there are glaring errors of law or fact in their case. No new evidence can be submitted, but you can provide arguments against the decision using existing evidence in the record. This track is particularly effective for correcting effective date errors, clear factual mistakes, or errors in the application of the law.

Advantages of the Higher Level Review Track:

- Expedited processing, with a goal of 125 days.
- Possibility of an informal conference to discuss issues over the phone.

Disadvantages of the Higher Level Review Track:

- No new evidence submission.
- Cannot file an HLR on another HLR decision.

3. Board of Veterans Appeals Track:

The Board of Veterans Appeals, comprising Veteran Law Judges, reviews cases in this track. Although slower than other options, this track is recommended for more complex issues, including cases where a deep understanding of VA law is required or when compelling circumstances demand a hearing with a judge.

Advantages of the Board of Veterans Appeals Track:

- Highly knowledgeable judges well-versed in VA law.
- Option to request a hearing with a judge.

Disadvantages of the Board of Veterans Appeals Track:

- Lengthy processing time, often exceeding three years.
- Recommended to seek representation from an accredited agent or attorney.

Choosing the Right Track:

- Start with the Supplemental Claim Track if you have new evidence or theories to present.
- Opt for HLR when you believe errors of law or fact are evident and can be argued using existing evidence.
- Consider the Board of Veterans Appeals track for complex cases, medical complexities, or if other tracks have been exhausted.

Split Appeal Option:

- In cases with multiple issues, you can choose different appeal tracks for each issue. This allows tailored approaches to varying aspects of your claim.

Conclusion:

Navigating VA disability claim appeals involves a strategic choice of appeal track based on your case's unique circumstances. Remember, each track has its advantages and limitations. If you're uncertain about the best approach, consider seeking assistance from an experienced professional like those at The Law Offices of Edward M. Farmer We're here to support you in your journey towards securing the benefits you rightly deserve. Feel free to reach out to us at www.vetlawoffice.com for guidance or to suggest topics for future content. Stay tuned and empowered in your VA disability claim journey!