Filing disability claims with the Department of Veterans Affairs is the best way to ensure that you get the compensation you deserve and can focus on adapting to your new normal. While the VA approves many claims, it’s not uncommon for qualified veterans to find that their initial claim was denied, even when it should be approved. The reasons can vary depending on your case, but you don’t have to accept that denial. You can and should appeal the VA’s decision with help from a veterans disability attorney. One way to appeal denials is through a higher-level review. Let’s take a look at how this process works.

va higher level review

What Is a Higher-Level Review?

A higher-level review essentially sends your initial claim to a more experienced and more knowledgeable VA representative. The thought behind this appeal method is that the more experienced employee will have a better understanding of the rules and regulations. This should help them more accurately review your claim and, hopefully, approve you for the benefits and compensation you deserve.

They’ll review your claim and the other employees’ actions when processing the claim to determine if everything was handled correctly and if the decision is valid. 

When Should You Pursue a Higher-Level Review?

Pursuing a higher-level review can be a good choice if you’re appealing a decision and have already submitted comprehensive evidence for your claim. This is because the process simply triggers a review of the initial decision and the actions of the initial reviewer. If the denial happened because you didn’t submit enough evidence, you may be better off appealing the decision in a different way. Your Ohio veterans disability attorney can help you decide if a higher-level review is the right appeal method for your case.

Keep in mind that higher-level reviews can only be pursued for appeals to decisions made within the past year. If you’re appealing a decision that was made more than a year ago or you’re appealing a decision that resulted from a higher-level review, you’ll need to explore other options.

What to Expect After You Request the Review

When you request the review, the review officer will go over everything you submitted and all documentation created by the VA. They’ll make sure the VA requested the appropriate medical screenings, check for errors in the claims process, and review any opinions rendered by medical professionals to ensure that they’re sufficient for the claim. If they identify any areas of concern, they’ll render a new decision. If they determine that everything was handled correctly, the original decision may be considered valid.

The Three Results You May See

The results of high-level reviews typically fall into one of three categories. Here’s a quick breakdown of what you can expect:

  • Denial: If the reviewer determines that the previous denial was correct, they can continue to deny your claim. 
  • Grant: If the reviewer determines that the original denial was not correct, they may choose to grant you the benefits you deserve. This is widely considered the best-case scenario.
  • Duty-to-Assist: If the reviewer finds errors in the original review, they may send your claim back to your regional VA office for review. This will trigger an additional review process which can take several months and still won’t guarantee that you’ll receive the benefits you need.

If your claim is denied at any point in the higher-level review process, you still have other options. Your Ohio veterans disability attorney can help you appeal their decisions and push the VA to accurately review your case. 

Schedule a Consultation Today

If the VA has denied your claim, you have options and can appeal the decision, whether you choose to pursue a higher-level review or another appeal method. Let an experienced Ohio veterans disability attorney at Veterans Law Attorneys help you figure out the best step forward. Contact us today to schedule a free consultation.

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