For veterans seeking VA disability benefits, receiving a denied claim or a lower rating than expected can feel like a big setback in their journey. Luckily, veterans have the option to seek an appeal for their VA disability claim. They can file a supplemental claim, request a higher-level review, or board appeal, depending on the situation. Along with each of these different types of appeal options, there are key deadlines. If a veteran misses one of these deadlines, it can result in a loss of appeal rights. This is why it is crucial for veterans to be aware of all of the different deadlines involved in this process to maximize their chances of a successful claim.
Key VA Appeals Deadlines
The VA appeals process has specific deadlines to make sure that all claims are reviewed in a timely manner. When a veteran decides they want to appeal a decision, they should first take the time to learn the deadlines:
- Filing a Notice of Disagreement (NOD): 1 year from the decision date Filing this form lets the VA know that you want to formally appeal a VA decision.
- Submitting a Supplemental Claim: Within 1 year of the prior decision This involves filing a new claim that can start the appeals process if new and relevant evidence has become available after the initial decision.
- Requesting a Higher-Level Review: Within 1 year of the VA decision This appeal is for situations where an error was made in your initial decision, and a more experienced adjudicator will review the case.
- Filing an Appeal to the Board of Veterans’ Appeals (BVA): Within 1 year of the VA decision This will escalate the appeal and is typically done if the other appeal options didn’t work for you.
Consequences of Missing a VA Appeals Deadline
Missing any VA appeal deadlines can come with serious consequences. Veterans can lose their right to appeal their current claim if a deadline passes, allowing the VA to close their appeal and prevent further review. If this happens, the veteran may have to completely restart the claims process, which can come with delays. Additionally, if a deadline is missed, this could reset the effective date, which is significant for back pay eligibility.
Options If You Miss a Deadline
If a veteran misses a deadline, they still have options and may be able to continue the appeals process. Here are a few options of what veterans can do if they miss a deadline:
- Show good cause for the delay: If something unpreventable happened that caused the veteran to miss the deadline (such as illness or an emergency), the VA could grant an extension.
- Submit a Supplemental Claim: If new and relevant evidence is available, veterans can restart the appeal through this process.
- Request equitable tolling: While extremely rare, sometimes legal exceptions can allow veterans to continue an appeal past the deadline due to extraordinary circumstances.
How to Avoid Missing Deadlines
To try and avoid missing a VA appeal deadline, veterans should try to keep track of all important dates and paperwork. A calendar with key deadlines can be extremely helpful during this process. It can be a lot to manage and keep track of on your own, seeking assistance from legal professionals can be extremely helpful. Not only can they help keep you aware of important deadlines, but they also have the legal experience to make sure your appeal is handled correctly.
Need Help With a VA Appeal?
While it can be manageable to appeal a VA decision on your own, legal guidance can make a huge difference and take some of the stress off your plate. Don’t risk missing a VA appeal deadline on your own, reach out to Coskrey Law today. Our team will help ensure you meet all deadlines and take the extra step to secure the compensation you deserve.