If your VA claim (denied before February 19, 2019) recently received a favorable BVA decision under the legacy system, understanding the next steps is crucial. This guide breaks down what happens after your win, including navigating the Statement of the Case (SOC), the role of VA Form 9, and interpreting BVA actions like grants, denials, or remands.
To better address the needs of veterans with 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 some time […]
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 […]
What are CUE revisions and how can they affect a VA disability claim if it was denied? Regional Offices almost always deny VA benefits claims, at least in part. The Clear and Unmistakable Error (CUE) appeals path, if it is available, is often a shortcut to a successful appeal. 2020’s George v. Wilkie laid out […]
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 of the proof, meaning “more likely than not.” The […]
Here we cover the process for determining fair process in a VA disability appeal. Most VA disability claims involve at least one appeal, and many involve more than that. The BVA only rarely makes final determinations. Instead, it usually remands the matter back to a Claims Examiner. The Board’s instructions are not always clear, and […]
Here we present a Case Study of CUE Appeals. Claims Examiners are under more pressure than ever to quickly evaluate claims and make decisions. As a result, Clear and Unmistakable Error cases are more common than ever. Claims Examiners are so rushed that they often overlook obvious bits of evidence or points of law. Legally, […]