Quick Answer: How Long Does It Take For The Veterans Law Judge To Make A Decision On A Appeal?

What percentage of VA disability appeals are approved?

Many claims are approved on appeal, and having access to quality legal representation greatly increases your odds of being awarded benefits. In 2017, 39.49% of appeals were approved with an attorney, while only 24.42% were approved with no representative.

How long does a VA HLR take?

How long does it take VA to make a decision? Our goal for completing Higher-Level Reviews is an average of 125 days.

How long does it take to get a BVA hearing?

Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans.

How long does VA reconsideration take?

Problems with Requests for Reconsideration During the request for VA reconsideration process, you can end up losing your effective date by missing the window to actually file an appeal. VA is likely going to take five to six months to adjudicate the request for reconsideration.

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Do VA tinnitus claims get denied?

Many veterans do not notice that they suffer from hearing loss or tinnitus until years after their discharge, and VA will routinely deny claims for these conditions due to the delay in filing for benefits. An appeal is typically needed to win these claims.

What is the VA 5 year rule?

The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition.

Are VA higher level reviews successful?

The Board of Veterans’ Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.

What happens if higher level review is denied?

If a Claims Examiner denies your petition for benefits, which usually happens, a senior-level Claims Examiner reviews the denied claim with fresh eyes. If the higher level reviewer does not make a favorable decision, you typically have one year to mull your options and appeal the unfavorable decision.

Do VA higher level reviews work?

A Higher Level Review seems to work best when the issues are simple and obvious. For issues that require some elbow grease, however, we are finding that requesting a hearing with the Board of Veterans Appeals may be a better alternative.

How successful are VA appeals?

Veterans represented by attorneys saw the best results: 40.9% of their cases allowed. 38.5% remanded. Only 14.8% denied.

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Why are VA claims taking so long?

First and foremost, the number of new claims being filed is contributing to the backlog. With many veterans returning home from the recent conflicts in Iraq and Afghanistan, there are now more new claims being filed through the VA than ever before.

What can I expect at a VA hearing?

To start, the Veterans Law Judge will ask you to take an oath that you’ ll tell the truth during the hearing. Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal. Give the judge any new evidence you may have.

What happens when a VA appeal is granted?

When the BVA overturns a decision, the veteran will be granted their request for benefits. This is a final decision on the matter, and benefits may no longer be denied. Often the decision is a remand by the BVA.

How long do you have after a BVA decision to file a motion for reconsideration?

Once the BVA issues its decision, you typically have 120 days to appeal any adverse BVA decision to the Court of Appeals for Veterans Claims. However, you may also file a “Motion for Reconsideration” of the BVA Judge’s decision.

Why do VA claims get denied?

If a Veteran does not submit enough proof about their disability in their VA claim, the VA will likely deny their claim. The VA has strict guidelines about what types of medical conditions qualify as disabilities and what level of compensation each veteran can receive based on the impact of the condition.

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