Who else likes putting things off? I know I do. In fact, to illustrate how much I procrastinate, I was intending on writing this blog two weeks ago. Full disclosure, I was in undergrad for 6 years because I did not take the proper classes the first time they were available for my major. It really held me up and created a lot more problems for me down the road. So, it’s safe to say that I know the consequences of putting things off. One area in which an individual really shouldn’t procrastinate is the area of VA Disability.
I know what you are thinking. The VA takes their sweet time when making decisions, why should I be in a hurry to get back to them? I agree, the VA is slower than a person from Ohio in the passing lane on the interstate. However, they don’t mess around when it comes to your deadlines for your decisions. If you are even one day late past the deadline your claim will close. This can mean a total loss of back pay for your claim and you will likely have to start over from the beginning. No one wants that. So here are some helpful reminders for filing your appeals in a timely manner.
1. The appeal deadlines aren’t the same for every decision. It would be awesome if every decision had a time limit of 120 days, but that is not the VA way. Every type of decision is different when it comes to response times. Here is a quick way to remember the time limit for each decision.
Proposals to sever or decrease your benefits: 30 days to appeal.
Rating Decision: One year to appeal.
DRO Decision: One year to appeal.
Statement of the Case: 60 days to appeal.
Supplemental Statement of the Case: 30 days to appeal.
BVA decision: 120 days to appeal.
2. The clock starts ticking the on the date posted on the decision. We’ve seen a lot of Veterans get confused by this before coming to our firm. A lot of people think that it starts when they receive the decision. That is not the case. I’ve heard too many stories of Vets getting their decisions weeks or months after they were sent out. So, the date on the decision is the one you go by.
3. Speaking of mail, don’t wait until the last minute to file your appeal. In fact, if you can avoid using regular mail, please do so. The reason is that if you mail your appeal in, there is no way to guarantee the VA received it. Some people will send it certified, other will submit it electronically, but we find that faxing works well because you receive a confirmation from the receiving fax machine. If the VA tries to say that they did not receive your appeal prior to the deadline, a confirmation can be used to argue the effective date.
4. Beware of multiple timelines. The easiest thing to do in VA disability is file for all of your claims at once. If you do this, you are more likely to have all of your claims decided at the same time. That is not a 100% guarantee, but it is more likely to happen. Dealing with one timeline is much simpler than dealing with several. Granted, you may have to add claims on at later times. If so, make sure you appeal every decision you want to pursue. You could possibly file an appeal for one decision thinking it covered everything, when in reality; it only covered a few of your claims.
5. Keep it simple. People often ask us why they should hire an attorney. Among all of the other services we provide, we also have the people in place to keep claims from closing. We have protocols to file appeals in a timely manner. We also have dedicated computer software that helps our case managers stay on track. Hiring an attorney can greatly reduce the stress associated with the VA process. I know it may seem like a sales pitch, but we have helped thousands of Veterans get the benefits they deserve. It gives me great joy to tell a Veteran we are helping them with their case, and then hear the relief in their voice after. No one should have to fight the VA alone.
If you would like to know more about VA Disability, or if you’d like to schedule a free consultation, give us a call today. Our toll free number is 1-877-526-3457. If you can’t talk today, fill out this form, and we’ll give you a call at a later date.
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