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You don’t know what a provisional decision is?

Don't feel bad, I didn't know about them until a recent meeting about changes in the VA. Do you remember how there was a story on every station about the VA backlog a few months ago? It appeared as if it was on everyone’s mind, but then Kim Kardashian gave birth to a child she named after a compass, and everyone seemed to forget? Well, we never forgot. As the VA tries to end the backlog, you may notice a change in the type of decision you receive.

Traditionally, if you receive a decision it comes back as either approved or denied. There are always exceptions to this, but most decisions either come back approved or denied. However, if you are one of the 300,000 claims that are still backlogged, it’s possible to receive a provisional decision.

You are probably wondering what this means. Provisional decisions are not final decisions. This may be the most important thing to keep in mind. The VA states via their website the following: Provisional decisions will be based on all evidence provided to date by the Veteran or obtained on their behalf by VA.  If a VA medical examination is needed to decide the claim, it will be ordered and expedited.

So, let’s say this decision is unfavorable. Well, it’s not the end of the world. You have a couple of options. You can accept it as a final decision, or you can submit more evidence. If you choose to submit more evidence, you actually have up to one year after the provisional decision is rendered to submit that evidence. After that year is up, a decision will be made.

Please note that you can’t actually appeal a provisional decision. You have to ask for a final decision first, and you may then appeal the final decision.  

This information may be a bit confusing. It’s yet another reason so many people turn to Jan Dils Attorneys at Law to handle their VA claim. We have attorneys and an experienced staff that can represent you. Call us today for a free consultation. 1-877526-3457 You can also fill out this form and we’ll give you a call.

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