Secrets to Winning Your VA Disability Appeal
If you served in the military, you may be eligible for veterans’ disability benefits if you have a medical condition or mental disability connected to your service. However, the path to obtaining these benefits isn’t always easy.
Not all claims are approved by the Department of Veterans Affairs (VA) on the first try, which is why many veterans consider appeals. Understanding the chances of an appeal being successful and how long the process will take can help manage expectations and guide your approach.
VA Disability Benefits
The success rate of a VA disability appeal depends on several factors, including the type of appeal filed and whether the appellant hires an attorney. On average, the success rate of a VA disability appeal ranges from 34% to 38%. This rate increases slightly for veterans who hire an attorney to assist them with their appeal.
The type of appeal filed; whether the appellant has an attorney;
For example, the Board of Veterans Appeals reported that approximately 38% of appeals are successful in its 2022 Annual Report Hiring an attorney can make a big difference in the outcome of your appeal, as legal professionals are familiar with the intricacies of the VA system.
Understanding these factors will help you better prepare for the appeals process and increase your chances of success.
To navigate the complex Appeals Modernization Act (AMA) process, it is important to understand appeal success rates and factors that influence appeal outcomes. Here we delve into statistics and insights that can help you better understand the VA disability appeals landscape.
Success rate in the AMA process
Recent data shows that only 9% of appeals filed under the AMA process are successful, but the location and manner of the hearing can have a significant impact on approval rates.
Approval rate by hearing location
Appeals heard at VA’s central offices have a higher approval rate of 34% compared to appeals heard at regional offices or through virtual remote hearings.
Success rates by type of appeal
The type of appeal filed can also make a big difference in the outcome.
Direct review: Approximately 31.5% of these appeals were approved in 2022. Evidence submission: Approximately 33.5% of these appeals were successful. Hearing: Approximately 29.2% of hearing appeals were approved.
Legacy Appeal
Legacy appeals, i.e. appeals filed before 19 February 2019, have a slightly lower success rate of 34.7%. Interestingly, this success rate improves to 42.1% if you are represented by a lawyer, highlighting the importance of specialist legal assistance.
How long does a VA disability appeal take?
The length of time it takes to resolve a VA disability appeal can vary widely depending on the specific circumstances of your case and the type of appeal filed. It is important to prepare for a potentially lengthy process and seek expert advice to help you navigate these challenges effectively.
Understanding these key indicators can make a big difference in your approach when filing a VA disability appeal and increase your chances of success.