In our last post we talked about veterans’ appeals and the great opportunity veterans have to improve their claims with new evidence at the Board of Veterans’ Appeals. After understanding how important this can be in winning your claim, you next need to know when your window of opportunity for submitting additional evidence ends. If you don’t adhere to these deadlines, you may get another denial at the Board of Veterans’ Appeals.
Deadline Extended by a Request for a Board of Veterans’ Appeals Hearing
If you do intend to submit additional evidence at the Board of Veterans’ Appeals level, the amount of time you will have to submit evidence will vary depending on a few factors. Specifically, the Board of Veterans’ Appeals’ strict deadlines for new evidence will vary depending on whether you have a Board hearing.
If you do not request a hearing as part of your appeal, you typically will have 90 days from the date of docketing to submit more evidence. The Board will send you a “90 day letter” notifying you of this deadline to submit additional evidence if you wish.
Here’s where it can get tricky – the Board of Veterans’ Appeals may decide your claim even faster than the 90 days. To allow you sufficient time to submit that evidence, upon receipt of this 90-day letter, you should immediately respond to the Board of Veterans’ Appeals in writing telling them that you will be providing additional evidence and request the full 90 days to do so. Otherwise, they could decide your claim at any time before you get the chance to add more evidence to the file.
If you did not request a hearing on your Form 9 appeal, you can do that in response to the 90 day letter if you wish. That would be a hearing before a Veterans Law Judge working for the Board of Veterans’ Appeals. There are three different hearing options to choose from. For now, we won’t get into whether you should have a hearing and, if so, what type of hearing is best for your particular situation.
You Can Submit New Evidence Up Through Your Board of Veterans’ Appeals Hearing
For now, we won’t get into whether you should have a hearing and, if so, what type of hearing is best for your particular situation. But, do know this: If you do select a hearing, regardless of where and how it will be conducted, you will then have additional time to submit evidence up through the date of the hearing. Essentially, VA regulations consider this hearing to take place within that 90-day period since the request was made within that period.
That is true even though the hearing likely will happen much later after the 90 days has expired. This can be a very valuable tool when you need additional time to submit evidence but do not have access to it yet. It can also help if you have not figured out exactly what that evidence will be.
If you decide not to have a hearing but simply respond to VA that you do intend to submit additional evidence within the 90 days, you will need to have that evidence submitted before the expiration of 90 days from the date of that letter.
If you realize that you will not be able to complete that submission within the allotted time, you will need to ask for an extension of time in advance with good cause shown. If you don’t submit the evidence or ask for an extension before the 90 days ends (counted from the date of the letter), you will not be able to submit additional evidence. Don’t let this deadline pass.
Board of Veterans’ Appeals Filled with Traps for Veterans
Many veterans are used to the relatively long deadlines that apply at the Regional Office level for Notices of Disagreement. Don’t be caught off guard by the tighter deadlines that apply at the Board of Veterans’ Appeals.
If your claim is at the Board or headed that way, it may be a good idea to talk with a VA-accredited veterans disability attorney. Besides knowing how long you have to submit additional evidence, you need to know what type of evidence you need to win your claim.
An attorney can review your claim and identify what the “missing link” is for a successful appeal. That can make the difference in a win or loss. It can also cut down the time in the VA appeals process so you get your benefits more quickly.
If you would like a free consultation with one of our veterans disability attorneys, contact us through the form on this website or give us a call at (770) 214-8885.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
I would recommend them to everyone I know!!Jesse
I had a wonderful experience with them.
And they selected my case .
I would definitely recommend them.Martha Brooks
What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
Marlis Espinosa
If you are looking for someone to help you through the VA benefits appeal process, stop the search and give Perkins Studdard LLC a call. They are EXCELLENT! I had been denied VA benefits and needed to file an appeal, but the process is so complicated I didn’t feel confident trying to do it myself. I found Perkins Studdard LLC while searching online, gave them a call and have not been disappointed. It has been great working with Travis, Jessica, and the rest of the team. They are always proactive in all the steps, quickly answer all my questions, and provide updates along the way. They are always highly professional, yet down to earth and easy to talk to. I cannot say enough good things about them. There is no way I would have received the benefit I was awarded without their help.William Slaughter
Jason, can’t thank you enough for continued support during my workers comp case and follow-up even after winning my case. So thankful to your wonderful staff including Alison and Lisa for amazing communication and keeping me up to speed on the case. Jason Perkins at Perkins Studard LLC is absolutely the kind of lawyers needed when fighting for your medical support through Workerscomp.Rich Kid Uzi
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
