It is no secret that the VA disability claims process is full of frustrating hurdles. From countless doctor appointments to seemingly endless documentation with so many steps, securing your Veterans disability benefits can be riddled with setbacks. The good news is that Veterans whose claims have been denied or underrated can appeal their verdict through the VA Higher-Level Review (HLR), which could lead to a more favorable outcome.
While you might not know who is reviewing your claim initially, an HLR requires that a senior VA claims adjudicator reassess your case. This senior adjudicator will simply review your original documents for errors rather than consider new evidence. Ideally, this means that the appeals process will take far less time to resolve, as the adjudicator has more experience and should be able to identify errors and oversights from the initial review much quicker than someone with less experience.
Typically, this streamlined process results in a timelier appeal, with most decisions being made within 125 days. It is important to note that just as the HLR process is expected to have a much quicker turnaround timeline, applicants are expected to do the same by submitting the HLR request within a year from the date on the decision letter.
As previously mentioned, some VA appeals require additional paperwork or documentation to be fully processed, but HLRs do not. However, there are still a few things you can do to prepare your HLR to be effective.
The first step you can take is to complete an in-depth review of your initial decision. Once you understand where you believe the VA’s conclusions were flawed or where additional clarification might be needed, you can begin to organize your evidence. Although you cannot present new evidence in an HLR, organizing and clearly linking your existing arguments and documents can assist the senior adjudicator’s understanding once it reaches them.
If possible, elect to have an informal conference with your adjudicator. This will allow you to highlight specific errors or explain aspects of your claim, which could sway their decision in your favor. Be mindful, though, that you are only allowed one informal conference per HLR, so come prepared.
Lastly, be sure to follow up on your HLR status. By maintaining clear and prompt communication with the VA office handling your claim, you could speed up the process even more by answering any questions they may have.
Even after carefully preparing for your HLR, there is a chance that the VA will not award you the requested benefits. You may feel defeated, but it is important to remember that you still have options. If you believe additional evidence may help your claim, you can file a Supplemental Claim and initiate another review which will take that new evidence into consideration. Additionally, you could also appeal to the Board of Veteran’s Appeals in the form of a hearing, review, or evidence submission.
Successfully navigating the VA claims process can be incredibly challenging, but with the help of an experienced attorney like those at Jan Dils Attorneys at Law, you can receive specific assistance that increases your odds of acceptance. Call the office today to get started with a free consultation.
