Can You File More Than One Appeal for the Same Decision?

Many veterans wonder what comes next after getting a decision on their benefits claim that doesn’t seem right. VA appeals can be successful, and often are, but they can also be frustrating to get through, especially if you’re filing more than one appeal (which is possible to do). Talk with a lawyer in Chicago, IL who understands all the rules under the current system and can lead you through the maze of red tape.

Key Rules for Pursuing VA Appeals

Under the Veterans Appeals Improvement and Modernization Act of 2017, veterans have three review options for an appeal of denial of benefi:

• A Supplemental Claim, where you offer new and relevant evidence
• A Higher-Level Review by a senior adjudicator
• A Board of Veterans’ Appeals review by a veterans law judge

Though you can file more than one appeal, there are still some limitations designed to keep the system manageable. You cannot request a second Higher-Level Review on the same issue right after the first one, for instance, and the same restriction applies to Board appeals: you cannot file two Board appeals consecutively for the same claim. You can, however, switch between them and file alternately. 

How the Appeals Work

Supplemental Claims

These can be filed at any time, just so long as you can provide or identify new and relevant evidence. If you have a new medical opinion, a change in service record, or a lay statement that was missing before, submitting it through a Supplemental Claim can reopen the matter effectively. If key documents for your claim arrived later, such as a delayed response from a private doctor or additional service treatment records, filing a follow-up Supplemental Claim makes sense. Sometimes changes in the law can also create new opportunities; for example, expansions of presumptive conditions have allowed some veterans to file supplementals on claims that were previously denied under the older rules.

You can file successive Supplemental Claims whenever genuinely new and relevant material comes to light, even if your earlier attempts did not succeed. However, to protect the earliest possible effective date for any benefits granted, which is important because it so often determines the amount of any retroactive pay you’re entitled to, it is usually best to act within one year of the most recent decision letter. 

Higher-Level Review & Board Appeal

A Higher-Level Review suits cases where you believe the original decision was a clear error, based on existing evidence. No new material is accepted in this claim, and an informal conference is often available. This can often resolve faster than a Board appeal. A Board appeal involves a Veterans Law Judge, and there are a couple different format options. Your lawyer can help you figure out the best way to file.

If you’ve been denied a VA claim and have questions about what to do next, having someone familiar with the full range of review options take a close look at your file can make a huge difference. Schedule a free consultation today with the Comerford Law Office in Chicago, IL, Highland, IN, or Jonesborough, TN. We can provide full service throughout your claims process, and we’ve helped hundreds of veterans successfully appeal denials by the VA.

Tags: VA appeals, VA Claims
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