Appeals & Federal Court Review
A denial is not the end of the road. It is often just the first step in securing the benefits you earned.
Under the Appeals Modernization Act (AMA), you now have three distinct "lanes" to choose from.
The Critical Mistake: Many veterans choose the wrong lane for their specific situation, leading to wasted years and repeated denials. My strategic priority is selecting the lane that fits your evidence.
The 3 Administrative Decision Lanes
1. Higher-Level Review
The "Second Look" Lane. I ask a senior VA reviewer to look at your existing file again. You cannot submit new evidence here.
2. Supplemental Claim
The "New Evidence" Lane. This is the most common path. I submit "new and relevant" evidence (like a Nexus Letter or Buddy Statement) to prove your claim.
3. Board Appeal (BVA)
The "Judge" Lane. I take your case out of the local Regional Office and go directly to a Veterans Law Judge in Washington, D.C.
U.S. Court of Appeals for Veterans Claims (CAVC)
If the Board of Veterans' Appeals denies your claim, the administrative process endsβbut the legal fight does not. I am admitted to practice before this federal court and can appeal your case to the CAVC. This is a federal court completely independent of the VA.
The Timeline: What to Expect
Review & Strategy
I review the record to pinpoint exactly why you were denied. I then select the strategic lane that best supports the merits of your specific claim.
Evidence Gathering
I work to build the file. This may involve securing independent medical opinions, lay statements, or researching federal case law.
The Waiting Period
Higher-Level Reviews and Supplemental Claims often take several months to adjudicate.
Board Appeals generally take longer, potentially requiring years depending on the docket. I prepare you for the wait and monitor the claim throughout the process.
Don't Let a Denial Be the Final Word
Choosing the wrong appeal lane can add years to your wait. Let a veteran and Veterans Law attorney guide your strategy.
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