Veterans Priority Review For VA Disability Benefits Appeal

Veterans Priority Review For VA Disability Benefits Appeal

Posted On: Sep 20, 2023
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Every veteran has the lawful entitlement to challenge any decision issued by the Veterans Benefits Administration, although the appeal process can be lengthy. Ordinarily, it requires the VA 12 to 18 months to assess new appeals and determine whether to approve part or all of an appeal. Nonetheless, certain Veterans might meet the criteria for a speedy review of their appeal.

If you want to expedite your appeal due to severe illness, financial hardship, or other factors, understand how to request a priority review.

Who Is Eligible To Request A Veterans Priority Review?

The VA designates a priority review as "Advanced on Docket." You will receive this status automatically if you are 75 years or older. Veterans below the age of 75 can submit a request for their appeal to be expedited as Advanced on Docket if they meet one of the following conditions:

  • They are facing financial hardships
  • They have received a serious illness diagnosis
  • They can provide evidence of another valid reason for a priority review. These criteria may seem unclear, causing understandable frustration. However, circumstances like a terminal illness, ongoing homelessness, impending foreclosure, impending foreclosure, or being a victim of a natural disaster would all serve as examples justifying a priority review.

A qualified VA representative can assist you in assessing whether your case might meet the Advanced on Docket status criteria. If it does, your representative will send a letter containing your name, VA claim file number, the grounds for requesting a priority review, and any supporting evidence you can provide. For instance, if you're declaring bankruptcy, the documentation detailing your income, assets, and debts would serve as evidence of your financial distress.

How Can Veterans Request Advanced On Docket Status?

You should send a letter to the Board of Veterans Appeals if you want to request Advanced on Docket status. In your letter, be sure to include:

  • Your name
  • The VA file number for your claim
  • The exact reason for moving forward on the docket

You should be ready to provide evidence supporting your VA appeal reason. For instance, if you're seeking priority review due to damage to your family home caused by a natural disaster such as any hurricane, earthquake, flood, or another event, consider submitting supporting documents such as newspaper articles, photographs, and the FEMA declaration.

You or your VA representative have the option to submit your written request via mail or fax. You can reach out to your Veterans Service Organization or VA representative for assistance or simply contact the Board of Veterans' Appeals directly.

Other Options For A Veterans Priority Review

If a veteran does not meet the criteria to request a priority review, the most effective way to improve your chances of a timely VA benefits approval is to collaborate closely with a skilled representative to prepare your VA appeal. Your VA representative can prevent avoidable delays by:

  • Making a strong legal argument
  • Placing the correct supporting medical evidence
  • Ensuring that crucial filing deadlines are not overlooked
  • Preventing the typical errors veterans frequently make when attempting to manage their cases independently

Conclusion

Facing a denial of your VA disability benefits application is not uncommon, and the appeal process can be a lengthy ordeal. However, there is an option for some veterans to request a priority review, which might accelerate the decision of their case, granting faster access to disability benefits for themselves and their families.

The legal criteria defining what constitutes "sufficient cause" for an expedited appeal review can be somewhat ambiguous. It's prudent to engage with your VA representative to assess whether this avenue is suitable for your particular situation.