For veterans who’ve bravely served our country, navigating the VA claims process can feel like another battlefield. Facing a denial or error on your claim can be incredibly frustrating. But know this: you have options, and there are timeframes in place to hold the VA accountable for correcting their mistakes.

This post will break down the different ways to address a VA error and the estimated timelines for each. However, keep in mind – these are just estimates.

Understanding Your Options with a VA Error

• Higher-Level Review (HLR): This is your first line of defense. An HLR involves a senior reviewer within the original regional office re-examining your claim file for legal or factual errors based on the existing evidence. They cannot consider new evidence. This option is generally faster, aiming for a decision within 125 days (4-5 months).

Benefits: Faster turnaround time compared to other options.

Drawbacks: New evidence to strengthen your case cannot be submitted.

• Supplemental Claim: This path allows you to submit new and relevant evidence not previously considered by the VA. This could include medical records, witness statements, or anything that supports your claim. The processing time for supplemental claims can vary greatly depending on the complexity of the new evidence and the workload at the regional office. Generally, expect a decision within 6 months to a year.

Benefits: Provides an opportunity to address any shortcomings in your original application.

Drawbacks:  The processing time can be lengthy, especially if the VA requires additional development (gathering further evidence).

• Notice of Disagreement (NOD) and Board Appeal: If the HLR decision or outcome of your supplemental claim isn’t what you expected, you can file a Notice of Disagreement (NOD) initiating an appeal to the Board of Veterans’ Appeals (BVA). The BVA is a separate entity within the VA that conducts a more thorough review of your case, including considering new evidence submitted with your appeal.

Benefits: Offers the most comprehensive review of your claim, allowing for the presentation of new evidence.

Drawbacks: The BVA appeal process can be a lengthy one, often taking over a year to receive a final decision. Factors like the complexity of your case and the BVA’s current backlog significantly impact the timeframe.

• Clear and Unmistakable Error (CUE): In specific situations, you may be able to request a correction of a VA decision based on a “clear and unmistakable error” (CUE). This applies when the VA’s decision is legally flawed on its face or contradicts established laws or regulations. The VA aims to respond to CUE claims within 125 days (4-5 months). However, the actual timeframe can vary depending on the complexity of the error and the workload at the regional office.

Benefits: Offers a potentially faster resolution if the error is clear-cut.

Drawbacks: The burden of proof lies with you to demonstrate a CUE exists. This may require legal expertise to identify and argue the specific legal error.

Important Considerations when a VA Error is Made

• Don’t Delay: The VA imposes deadlines for filing appeals and submitting new evidence. Missing these deadlines can significantly delay your claim.
• Organize Your Documentation: The stronger your supporting evidence, the faster your claim will progress. Medical records, service records, and witness statements are all crucial.
• Consider Legal Assistance: VA claims and appeals can be complex. An experienced VA benefits attorney can guide you through the appropriate process, ensure you meet all deadlines, and advocate for your best interests, maximizing your chances of a successful outcome.

Beyond VA Error Correction Timelines

While timelines provide a rough idea of the VA’s processing times, it’s important to remember that these are just estimates. Delays can and do happen. To navigate this effectively, be prepared to follow up with the VA and stay proactive in managing your claim.

Get the VA Benefits You Deserve

If you’re facing a VA error, don’t wait. Contact us today for a free consultation. Getting a VA benefits attorney on your side has the potential to greatly reduce the time it takes for you to ultimately receive the life-saving benefits you have earned. 

Waiting for an error to be corrected can be extremely frustrating. Get someone on your side to help you through the process.