Dealing with appeals from the VA can be an extremely frustrating process, especially when you have obtained new evidence that could grant you a claim. It may feel as if you are stuck in a never-ending waiting room. The process can be even more complicated based on the type of appeal lane chosen with the VA. While a lawyer cannot directly speed up the process or get your evidence submitted faster, they can assist you as you navigate the system. Here is a quick guide on how to deal with submitting new evidence for a VA appeal.
The first thing to understand about the VA appeals process is how the different lanes work regarding taking in new evidence. One option is the higher-level review which allows a higher-level VA official to review your case. The main issue to consider with this appeal lane is that it prohibits any new evidence from being introduced, it only allows a more experienced official to review existing evidence.
While higher-level review should be avoided when new evidence needs to be considered, another option is to take the case to the Board of Veterans Appeals. This route would allow a Veteran’s law judge to preside over your case and introduce new evidence; however, this appeal lane takes your claim in front of a judge, which may lengthen your process.
The final appeal lane and the one that makes the most sense for introducing new evidence to the VA – which is to file a supplemental claim. The entire purpose of the supplemental claim is for you to submit new evidence as a new claim without having to involve a higher-level official or a judge. It is important to remember that you can still use the other appeal lanes, but it should only be done if the supplemental claim fails to grant you compensation.
By collaborating with an attorney as early as possible, you can put yourself in a strong position to appeal your claim and introduce new evidence. If you or a loved one is struggling, waiting to introduce new evidence, or needs help to get the paperwork in, contact the largest Veterans law firm in the country. We only take a fee for our services if you get your benefits approved.
While we cannot speed up the VA’s timeline, we can at least navigate you through the process and help you to present your case to the best of our ability.
