In most situations, once you file a VA disability claim, you will want to continue with that claim and any appeal rights you have until you have exhausted all options available to you. There is good reason to follow this advice in most cases: while you can file as many VA disability claims as you want, your right to receive retroactive benefits is tied to the date you file your claim.
But once you are in the appeals process once you are in it? Suppose that your initial VA disability claim is denied. You file an appeal and request a hearing before a veterans law judge, only to be dismayed that you may have to wait a year or more to have your hearing. Is it too late at this point to back out?
Reasons Why Dismissing Your Appeal Might Make Sense
There is no requirement that you must see a VA disability claim appeal through until the end. If you decide for any reason – or for no reason at all – to cease pursuing your appeal, you may do so. However, you must file the appropriate procedure for doing so. These procedures include:
- You must be the veteran or the lawful representative of the veteran to an appeal
- Your withdraw has to be in writing and list the veteran’s full name, C/CSS claim number, your full name (if you are not the veteran), and a clear statement that you are wanting to withdraw your appeal
- You must also state what issues for which you are withdrawing your appeal (if there are more than one issues) or state that the appeal is being dismissed completely
- You must send the withdraw to your local VA Regional Office. If the claim has already been certified to the Board of Veterans’ Appeals, your withdraw would go to them
- To be effective, the withdrawal must be received before a final decision has been reached on your appeal
It may seem counterintuitive to withdraw an appeal and potentially leave thousands of dollars in retroactive benefits. But if you have simply decided you no longer want to deal with the VA, or if you have concluded that your claim has no merit, withdrawing your appeal may make sense. In most every other case, there is no disadvantage to allowing your appeal to play out.
Talk to Your Cincinnati VA Disability Appeal Lawyer Before Withdrawing Your Appeal
Because of the significant effects that withdrawing your appeal can have on your right to recover benefits, you should not make this decision lightly. Even if you are not certain your claim will succeed, keeping the appeal open and going is typically the best way to go. Talk with us at Veterans Law Attorneys, your Cincinnati VA disability lawyers, and we will give you an honest assessment of your case and whether there is any reason to withdraw your appeal.
Needing a consultation with an experienced Cincinnati VA disability appeal lawyer? Call us at 833-753-5168 or visit us online to schedule your consultation.
