If you submitted a caregiver aid application within the last 10 years and it was denied, you might have another chance to obtain financial benefits. VA didn’t allow anyone to appeal those decisions. Now the Court says they have to. A Marine suffered a Traumatic Brain Injury in Southwest Asia which left him blind and, …
Category: Board of Veterans’ Appeals
LA County Getting New Veterans’ Court
To better address the needs of veterans who have minor run-ins with the law, the City of Glendale plans to have a designated veterans’ court up and running by October 2021. Glendale Mayor Jerry Weiers is a longtime veterans’ advocate. “This is something I think everybody knows I’ve been wanting to have for quite …
Higher Level Review Denial
What are Your Appeal Options Following a VA Form 21-0996 – Higher Level Review Denial? 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 …
Denied Supplemental Claim
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 …
Decision Review Request
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 …
Higher Level Review Appeal
What is a VA Form 21-0996 and a Higher Level Review Appeal? 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 …
Benefit of the Doubt Doctrine
The Benefit of the Doubt Doctrine and VA Appeals What is the benefit of the doubt doctrine and how does it relate to VA appeals? In criminal court, prosecutors must establish guilt beyond a reasonable doubt. Civil courts use a lower standard of evidence. The civil case burden of proof is known as a preponderance …
Appeals Modernization Act (AMA) System
If I Win My BVA Appeal, What Happens Next Under the Appeals Modernization Act (AMA) System? In 2018, lawmakers approved the Appeals Modernization Act (AMA). The AMA is designed to expedite the disability benefits appeals process in a Veteran-friendly way. These benefits for a 100% disability start at $$3,106.04/mo. and can be more with dependents …
Veterans’ Appeals Denials
How to Approach Board of Veterans’ Appeals Denials It’s best to approach Board of Veterans’ Appeals Denials with optimism. Since they are somewhat like trials and give attorneys wide latitude, Board of Veterans’ Appeals (BVA) proceedings are often successful. That said, these appeals are not always successful. Denials can be incredibly frustrating because the Veteran, …
US Court of Appeals for Veterans
What is the US Court of Appeals for Veterans Claims? The United States Court of Appeals for Veterans Claims (CAVC) is a national court of record. Article I of the Constitution of the United States established the CAVC. The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans’ …
