Hey there, fellow veterans! Dale Davidson here, your go-to guy for all things VA-related. Thanks for stopping by today. So, you’ve received a rating decision from the VA, but it’s not what you had hoped. Maybe you were denied altogether, or perhaps your disability rating was lower than expected. What’s your next move? Below we’ll discuss some options and provide detailed information about requesting a higher level review from the VA.
In situations like where your decision from the VA are unsatisfactory, you essentially have three options for challenging the decision:
Option 1: Request a higher level review.
Option 2: File a supplemental claim.
Option 3: Appeal directly to the Board of Veterans Appeals.
Think of these options as different lanes on the interstate—you choose the one that best fits your situation. For example, if the VA denies service connection for your knee and PTSD, you might appeal the knee issue to the BVA while seeking a higher level of review for PTSD. It’s like driving in different lanes for different issues.
However, if you disagree with both the effective date and disability rating for your lower back, you’ll need to choose the same review option—either higher level review or supplemental claim.
But what if you’re not happy with the decision review officer’s denial? Unfortunately, you don’t have the right to review a decision by them or to request a hearing before the VA. You also can’t submit new evidence within a year of the rating decision and automatically get a new decision.
So, what’s the best approach? Consider using a supplemental claim option to bypass these restrictions. With a supplemental claim, you can submit new material evidence, unlike with a higher level review.
Now, timing is crucial. You have one year from the date of the notice of decision to take action. Filing within this timeframe preserves the effective date of your claim and ensures it’s continuously pursued.
But how do you keep your claim alive beyond that year? You can request a higher level review, file a supplemental claim, or submit a notice of disagreement at any time. Just remember, missing that one-year deadline means you’ll likely get a new effective date.
Let’s dive deeper into higher level review. It’s essentially a fresh look at your case by a more experienced claim examiner who didn’t participate in the original decision. They’re tasked with reviewing all existing evidence without considering the prior decision’s negatives. Their goal is to grant benefits if the evidence warrants it or if there’s a difference of opinion.
When requesting a higher level review, you’ll need to fill out a specific form, listing the date of the underlying decision and specifying the issues you want to review. The review is conducted by more experienced adjudicators who can only consider evidence existing at the time of the decision.
While higher level review doesn’t allow for new evidence, you can still provide legal arguments. This option is best when there’s no new evidence to offer, or if there are errors in the prior decision that need correcting.
However, if you need to submit new evidence or want a hearing, a supplemental claim might be the way to go. This option allows for the submission of new material evidence and offers the opportunity for you or your witnesses to testify.
Ultimately, the choice between higher level review, supplemental claim, or notice of disagreement depends on your specific circumstances. As someone with decades of experience in VA matters, I always aim for the option most likely to yield a favorable decision in the shortest time possible.
So, whether you’re navigating a denial, seeking a higher disability rating, or challenging an effective date, remember that you have options. Stay informed, advocate for yourself, and keep pushing forward. Your benefits are worth the fight.
Contact Us So We Can Help!
If you need assistance with VA disability claims or feel like you have been wrongfully denied VA benefits, complete this form or give us a call at (229) 226-8183. We help Veterans every day obtain the benefits they deserve and would love a chance to help you as well. If you’d like to see this blog in video format, you can watch it below. Please be sure to SUBSCRIBE to our YouTube channel and click the bell notification button so that you’re notified each time we publish a new video.