VA disability claims are individual claims. A doctor examines the veteran and determines the extent of the disability. Then a Claims Examiner determines if the Veteran’s disability is service-related. Both these determinations are subject to higher review. Class Action Claims are different in many ways. Individual Veterans may form a class and take collective action […]
You may be asking what options there are if you lose in CAVC. In the before times, if the Court of Appeals for Veterans Claims denied a Veteran’s appeal, that was essentially the end. Your attorney could file a motion for reconsideration or an appeal to the Federal Circuit, but those are rarely successful. The […]
If you are a lone David taking on the VA Goliath in a way that affects a lot of other veterans, your case might work better as CAVC class actions. The VA recently changed the class action rules, so it is important to know your rights. A class action is when a large collection of […]
It is not uncommon for a Veteran to receive a Decision Review Request Denial. The 2017 Appeals Modernization Act (AMA) significantly streamlined the VA disability appeals process. However, the AMA did not necessarily improve the quality of the review process or guarantee more favorable results. Additionally, the AMA created so many choices that many Veterans […]
Due to the fact that there are so many Veterans who get a higher level of review denial, this is a common question. The higher level review is perhaps the fastest and most efficient appeals lane in the new VA appeals process. If a Claims Examiner denies your petition for benefits, which usually happens, a […]
What are My Appeal Options After a VA Form 21-0995 – Denied Supplemental Claim Appeal? Has your Supplemental Claim Appeal been denied after submission of VA form 21-0995? You are not out of options. Before 2017, all VA disability appeals had a single, mandatory long progression to the Board of Veterans Appeals. Because the veteran […]
What is a VA Form 10182 and a Decision Review Request (Notice of Disagreement to the Board of Veterans’ Appeals (BVA))? The Decision Review Request is often referred to as a Notice of Disagreement. The 2019 Appeals Modernization Act (AMA) created three lanes for VA appeals matters. However, after the initial rating decision, some Veterans opt […]
Proving a “service connection” is the cornerstone of any successful VA disability claim. It means showing the VA that your current health condition is linked to your time in military service. Understanding how the VA defines and evaluates this connection is crucial for obtaining the benefits you’ve earned. What is a Service-Related Connection? For VA […]
Explaining a Higher Level Review Appeal. Once upon a time, there was an informal presumption that VA disability applicants were probably entitled to benefits. Claims Examiners looked for ways to approve requests and even offered assistance in many cases. Those days are long gone. Today, Claims Examiners typically assume that the Veteran is not severely […]
Frustrated with the VA disability claims process? You’re not alone. Long wait times and confusing procedures have plagued the system for years. However, in 2017, lawmakers passed the Appeals Modernization Act (AMA) to try and improve things. One of the biggest changes? The introduction of supplemental claims. What is a supplemental claim? A supplemental claim […]