For Veterans navigating the complex U.S. Department of Veterans Affairs (VA) disability claims process, missing an appeal deadline can be a distressing and potentially costly mistake. However, Veterans need to know that hope is not lost if they find themselves in this situation. There are several potential avenues to keep a claim moving forward, even after a missed deadline.
Veterans who find themselves in this situation should talk to a Massachusetts VA disability benefits attorney who has experience appealing VA decisions. At Berry Law, many of our lawyers and legal team are Veterans. We understand the claims process and know the channels to help Veterans navigate the appeals process, even after a missed deadline.
VA issues different forms for granting or denying disability claims, each with its own VA disability appeal timeline window:
Missing an appeal deadline in the VA disability claims process can have significant long-term consequences for Veterans, particularly regarding the effective date of benefits and potential back pay. When a Veteran successfully appeals a decision within the prescribed VA disability appeal timeframe, the date from which they receive backpay is typically their original claim date. So, even if it takes multiple appeals over the course of several years, once VA approves a claim, the Veteran is paid a lump sum equal to the years of benefits owed for the time the claim was being appealed.
However, if a deadline is missed and a Veteran must reopen their claim or file a new one, the effective date usually becomes the date of the new claim or the date VA receives new and relevant evidence. This shift in the effective date can result in a substantial loss of backpay, potentially amounting to months or even years of missed compensation.
Missing deadlines can also delay the overall resolution of a claim, prolonging the time a Veteran must wait for their rightful benefits. This delay can exacerbate financial hardships and potentially impact a Veteran’s ability to access necessary medical treatments from VA.
For Veterans who have missed an appeal deadline, the situation may feel overwhelming and discouraging. Many may worry that their chance for rightful compensation has slipped away. However, missing a deadline does not automatically mean the end of the road for a VA disability appeal timeline.
VA recognizes that life’s complexities can sometimes interfere with strict timelines. As a result, there are several potential pathways for Veterans to continue pursuing their claims even after a deadline has passed. These options vary depending on the specific stage of the appeals process and the circumstances surrounding the missed deadline.
While these options exist, navigating them successfully often requires careful preparation and a thorough understanding of VA law. This is where the skill of experienced Veterans’ attorneys can prove invaluable. Let’s delve into the specific options available to Veterans who have missed appeal deadlines, providing a roadmap for those seeking to overcome this obstacle in their pursuit of benefits to which they are entitled.
At the regional office or Board level, Veterans can request an extension by demonstrating “good cause” for the late filing. Examples of good cause may include:
What constitutes good cause is determined on a case-by-case basis. If a Veteran believes they never received the decision, they may need to provide clear evidence that VA failed to mail it. Simply stating non-receipt is typically insufficient.
The Court of Appeals offers more flexibility for late filings:
a) Within 30 days of the deadline:
The court may accept a filing if the Veteran shows good cause or “excusable neglect.” Excusable neglect is broader than good cause and can include:
b) More than 30 days after the deadline:
Veterans may argue for “equitable tolling,” which requires demonstrating:
c) VA failure to object:
If VA’s attorneys don’t object to an untimely filing within 45 days, the court may treat it as timely regardless of when it was received.
Veterans always have the option to reopen a claim by presenting new and relevant evidence. While much more challenging, claims can also be reopened based on clear and unmistakable error (CUE) if an obvious mistake was made in the original decision upon which reasonable minds could not differ.
In 2017, VA implemented the Appeals Modernization Act (AMA), which created new options for Veterans to appeal decisions. Under the AMA, Veterans can choose from three review options:
These new options may provide additional avenues for Veterans who have missed traditional VA disability appeal deadlines.
The Veteran lawyers at Berry Law have extensive experience helping fellow Veterans overcome obstacles in the VA disability claims process, including missed appeal deadlines. We understand the nuances of VA law and the various strategies that can be employed to keep a claim alive. Our team can assist Veterans by:
Veterans who have received an unfavorable decision or whose claims have been denied should not hesitate to seek professional legal assistance. With the right approach, it may still be possible to secure the disability benefits earned through service to our country.
For Veterans facing challenges with VA disability appeals, including missed deadlines, Berry Law offers free case evaluations. Our team is dedicated to fighting for the rights and benefits of those who have served our nation.At Berry Law, our attorneys work with Veterans from all branches of the service who are fighting to secure the disability benefits they have earned. We work with Veterans in all 50 states and are available 24/7. Call 888-883-2483 or fill out our online contact form for a free confidential consultation.
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