VA Appeals Process: Timeline & Deadlines

The Veterans Appeals Improvement and Modernization Act of 2017 was signed into law in August 2017 by former President Donald Trump. 

The law’s intention is to accelerate the process for VA disability compensation claims. It has resulted in several important changes to the VA appeals process, which may accelerate or alter the deadlines and timelines you can expect.

How Has the VA Appeals Process Changed?

Thanks to the Veterans Appeals Improvement and Modernization Act, you now have three different review options when filing an appeal for a disability claim:

• A higher-level review lane, in which case you have one year to have a senior claims adjudicator at the VA regional office review your claim. You cannot provide new or additional evidence to the VA.
• A supplemental claim lane, in which case you provide new evidence for consideration. The VA will review that evidence and issue you a decision within 125 days.
• Appeal to the Board, in which case you’ll file a Notice of Disagreement and move the case to the Board of Veterans’ Appeals.

In this system, you now have multiple means of pursuing recourse for your disability claim. It’s much more flexible and versatile compared to the old system, which limited most Veterans to filing NODs when they are dissatisfied with a VA disability decision.

How Long Does the Appeals Process Take?

Generally, the VA appeals process takes between 18 and 24 months from start to finish. However, this timeline can vary heavily depending on the complexity of your claim, the staffing level of your regional VA office, and other factors.

In many cases, working with knowledgeable Veterans’ law attorneys can accelerate your timeline. 

For example, Berry Law may be able to advise you to use the supplemental claim lane when filing an appeal for your disability benefits. In this situation, you’ll need to provide the VA with extra evidence, but you could receive a decision within a few months instead of one to two years.

What Are the Key Deadlines for VA Appeals?

When filing an appeal, you must operate under certain strict deadlines for different steps or stages. These important deadlines include:

• The appeal decision – deadline of one year. You have one year to decide to appeal a rating decision from the date of receiving the decision.
• The statement of the case – deadline of 60 days. If you file a Notice of Disagreement, your VA regional office will respond with a statement of the case within 60 days.
• The board decision – deadline of 120 days. The Board of Veterans’ Appeals or BVA is an important next step after you appeal the statement of your case. You have 120 days to appeal to the court if the Board makes a decision you disagree with.

There are other deadlines to keep in mind as well. However, your legal team can advise you about upcoming deadlines and make sure you don’t miss any important dates for paperwork, filing, and similar tasks.

Contact Berry Law Today

Ultimately, every VA appeal is different, and there’s no guarantee that your appeal will have a positive decision or fast outcome. 

Working with experienced lawyers is the best way to maximize the chances of a successful appeal and resolve the situation quickly. Contact Berry Law today to find out how we can help you as soon as possible.

Sources:

Appeals Modernization | Veterans Benefits Administration

VA FORM 10182, DECISION REVIEW REQUEST: BOARD APPEAL (NOTICE OF DISAGREEMENT) | VA.govb

Supplemental Claims | Veterans Affairs