Nothing about the VA disability claim process is easy, including the appeal process. You can appeal your claim in several ways once it has been denied. Determining the best appeal process for your claim and navigating the appeal successfully can be difficult. To determine the best way to handle your appeal, reach out to a Knoxville VA appeals lawyer from the Comerford Law Office.
You can use the supplemental claim process when you want to introduce new evidence to your claim. With this process, the VA will weigh the new evidence you’ve provided and determine whether it changes their decision.
The VA considers new and relevant evidence as evidence that can prove or disprove information in your claim.If you have additional, relevant evidence to support your claim, this may be the best option for you. If you want to file a supplemental claim, you must do so within one year from the date of your denial.
With the higher-level process, your claim will be reviewed by a senior reviewer. It’s up to the reviewer to decide whether your denial should be overturned based on an error or a difference of opinion.
You can pursue this process not only for a claim denial, but also for a supplemental claim decision. Just like the supplemental claim, you have one year from the denial letter date to appeal.
But unlike a supplemental claim, you can’t introduce any new evidence. Your original evidence will be evaluated before the senior reviewer makes a decision.
When you choose the BVA process, you can explore additional choices with your appeal. You can choose a direct review, which allows a Veterans Law Judge to review your appeal with the original evidence.
You can choose the evidence submission option, which allows you to introduce new evidence to the Veterans Law Judge for review. You can also request a hearing with the judge, which allows you to introduce new evidence. You can either submit the evidence at the hearing or within 90 days after the hearing.
You can also choose how you would like to speak with the judge. You can do a virtual hearing from your home, a videoconference hearing at a nearby VA location, or an in-person hearing in Washington, D.C.
As a military veteran, you deserve the benefits needed to live comfortably. Call the Comerford Law Office, or submit our contact form, to schedule an appointment with a Knoxville VA appeals lawyer.