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.
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
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I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
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Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
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OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
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Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
I recently needed a lawyer for a Workers Compensation Inj. The Dr. I saw ordered back surgery. The company declined to approve the surgery. So i went to the Law firm of Perkins & Studdard, as they were highly recommended…Mr. Studdard is a Veterans Affairs Lawyer. Mr. Perkins & his staff handled my case… every person in the firm were nice, helpful, and showed empathy for my situation. Mr. Perkins is very thorough & at the same time worked diligently for me. He got me compensated fairly. If not for this Law firm im not sure what i would’ve done. Thankfully they lowered my stress and communicated regularly.
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After my VA claim was denied, I felt defeated, depressed, and overwhelmed. I spent a lot of time researching different agencies, only to find that many of them made promises they couldn't back up and were not properly accredited.
I decided to give Perkins Studdard LLC a chance because they were accredited, and it turned out to be one of the best decisions I've ever made. From the very beginning, Jessica, Travis, and the entire team were professional, knowledgeable, and genuinely committed to helping me navigate the VA claims and appeals process.
Their guidance, communication, and dedication made a difficult process much easier to manage. Thanks to their hard work and expertise, I finally received the benefits I had been fighting for.
I highly recommend Perkins Studdard LLC to any veteran seeking assistance with a VA claim or appeal. Don't waste your time elsewhere—this team truly cares and delivers outstanding service.nelson figueroa
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.
