Legal Question in Veterans Law in New York

Appeals

I want to appeal a decision on a claim decided at 10% by the VA. However, getting all the information I needed and many personal problems caused by my disability have taken a lot of time. The 1 year appeal period will be over in about 2 months. Can I extend that? And How!


Asked on 4/22/09, 12:09 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Appeals

Any time you present new and material evidence regarding a claim, it may be reopened even though it is closed.

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Answered on 4/22/09, 12:13 pm
Jill Mitchell-Thein Heard & Smith, LLP

Re: Appeals

Whatever you do, don't let the appeal time pass or you will lose your effective date. In the time it would take for you to ask for an extension, you can just file a Notice of Disagreement. You can just go to a local veteran service office for them to help you get the appeal in on time, or send a certifed letter to your regional office telling them you disagree with their decision and that you will provide further support for the disagreement later. If you let the time pass, it can be much harder to reopen because you will most likely need a private medical opinion that the 10% rating was too low. If you don't appeal, you can always file a new claim for an increase on that 10% just by saying you think it has gotten worse.

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Answered on 4/22/09, 12:23 pm


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