My VA Appeal is Taking Forever, Can’t My Lawyer Speed It Up?

Waiting for your VA disability benefits appeal can feel like an arduous and never-ending process. Those who have gone through it can testify to it being an extremely frustrating process; but with the right support system, it can be made easier. While a lawyer cannot directly speed it up (with a few rare exceptions), here is a quick guide on how to navigate the Department of Veteran Affairs appeals process.

Board of Veterans’ Appeals Process

The types of appeal lanes or decision review options as laid out by the Appeals Modernization Act are supplemental claims, higher-level review, and Board appeal. The higher-level review lane means your appeal is heard by a more experienced reviewer. The supplemental appeal lane allows you to submit any additional evidence which was not included in your first submission. The BVA hearing allows your claim to be examined by a Veteran Law judge.

Why Does It Take So Long?

Despite a modernized approach thanks to new legislation, the VA appeals process is still extremely lengthy. The reason for this is due to the number of claims submitted and the lack of adequate staffing at the VA. There is a lengthy backlog of claims in each appeal lane of the process. The VA has improved its staffing over the years due to doubling its size, but this is still not enough to overcome the backlog of claims. Veterans can unfortunately be left waiting for their appeal for up to four years.

What Can I Do?

There are some notable but rare exceptions to speeding up the VA appeals process that are worth mentioning. These exceptions include a Veteran who has extreme financial hardship, is over the age of 75, or is diagnosed with a terminal illness. Even with these exceptions, the VA will only expedite in extreme cases. Unfortunately, you will have to be patient and wait for the appeal to play itself out.

There are some things, however, that a Veteran waiting for an appeal can do in the meantime. Veterans can get in contact with an attorney to help navigate and prepare for each appeal lane. A Veterans’ disability attorney can help to submit initial arguments on your behalf, ensure you submit all proper forms, verify completion, and secure medical documentation.

Call Our Attorneys if You Require an Appeal for Your VA Claim

By working with an attorney as early as possible, you can put yourself in a strong position to appeal your claim denial. If you or a loved one is struggling, waiting on appeal, or needs help to get one started, contact the dedicated attorneys at Jan Dils to learn more. If we do not recover for you, you owe us absolutely nothing. We only take a fee for our services if you secure benefits.

While we cannot speed up the VA’s appeals timeline, we can at least navigate you through the process and help you to present your case to the best of our ability.

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