WHat You Need to know
AGVC's staff and experienced attorneys will assist you at all stages of your VA appeal by providing in depth knowledge and a transparent process.
Once you have completed an initial application for disability compensation benefits and submitted it to the VA for consideration, you will receive a decision issued by your designated VA regional office (RO).
You may appeal any determination issued by a RO on a claim for benefits. The appeal is a request for further review of VA's determination on your claim.
The appeal absolutely must be filed within one year from the date the local VA office mails the veteran or claimant its initial determination on the claim. If the appeal is not filed within the one year period, VA's determination is considered final and cannot be appealed unless it involved clear and unmistakable error by VA.
Should a veteran not find an agreeable decision after exhausting their efforts with the RO, they are eligible to appeal to the Board of Veterans' Appeals. Veterans may appeal a complete or partial denial of their claim or appeal the level of benefit granted. For example, if you filed a claim for disability and the local office awarded you a 10% disability, but you feel you deserve more than 10%, you may appeal that determination to the Board.
Overall, the average appeals processing time for appeals resolved in the 2015 fiscal year was 3.1 years. For appeals that go up to the Board of Veterans’ Appeals (BVA), you can expect to wait at least 5 years from the date of initial filing until the Board issues a decision.