VA issued me its rating decision letter on 1/19/2021; how long do I have to challenge the decision?

[Yoshi1992]

Hello Everyone,

  This is my first post.  Glad I found this website.  Seems like you have some great resources and helpful people here.  But as a new member of the community, it's pretty overwhelming trying to sort through everything.  Ah, I'll figure it out in time.

Background:  On January 19, 2021, the VA sent me its decision letter on my PTSD claim.   I don't agree with their decision--let alone understand it.

Question:  How much time do I have under the law, federal regulations, or whatever authority applies to challenge their decision?  Although this sounds like a simple question, the VA's review rights form was confusing.  On their enclosed explanation form (VA 20-0998), it said I had "one year" from the date of the decision notes to elect a review options (Supplemental Claim, Higher-Level Review, or Appeal to the Board).   But just a couple sentences later, the form said "if you are a party to a contested claim, you must file an appeal to the Board within 60 days..."

Whoever wrote the VA form isn't going to score any points for clarity.    Thank you in advance for any answers/explanation.

[GBArmy]

Hi Yoshi, welcome to Hadit. On an original decision, the veteran has 365 days to submit an appeal. Date is from the decision DATE on the decision letter, not the date of the letter itself.

[broncovet]

Welcome to hadit.  I was confused by that also.  You have a year, but dont wait.  I suggest you file an appeal to the BVA right away.  If you post your reasons and bases for decision, we can help with wording of the appeal.  

"Contested claims". means that one or more parties are arguing over who gets the money.  The ex wife may say she deserves the money.  The husband (Veteran) and perhaps a new wife, may see things differently and "contest" the claim. Your appeal is shorter if the claim is contested.

 

If this were a board decision, the appeal period is shorter:  

[Fat]

Good advice.

[pacmanx1]

8 hours ago, GBArmy said:

Hi Yoshi, welcome to Hadit. On an original decision, the veteran has 365 days to submit an appeal. Date is from the decision DATE on the decision letter, not the date of the letter itself.

GBArmy, my apologies but this post is confusing the heck out of my brain. I do agree that a veteran has one (1) year to file a disagreement but that one year begins on the notification letter and not the rating decision letter.  Example: I have a rating decision dated November 2015, and an effective date of February 2015 and a notification letter dated December 2015.  The way I read and understand your post is I had until November 2016 to file my disagreement, but the correct date would be that I had until December 2016 the date that VA notified me of my rating decision and not the date that it was actually rated.  As I stated many times before I just want to make sure I understand things in my brain and not trying to step on your post, but I feel that some clarity is/was needed.

In every VARO rating decision, the veteran should also get a VA form 4107 explaining that the veteran has one (1) year to file a disagreement. Since we are talking about a VARO (VA Regional Office) rating decision it is one year and I will not bring up a BVA Decision because a veteran could have less than a year to respond.

4107.PDF (va.gov)

Edited March 12, 2021 by pacmanx1

[El Train]

If you have the resources to get additional evidence (find a shrink with VA knowledge), this would help your claim.  For example: https://veteranspsychevaluations.com/

I went a route similar to this.  This will result in another C&P exam and may get you the proper rating.  The VA doesn't like vets going this route, but it has legal weight should it go to an appeal.  It's forensic evidence just like a hired C&P examiner.  Let me know if you have any questions if you do decide to do this.  

You have up to one year to get this done.  I wouldn't wait.  Getting this additional evidence takes time.

[GBArmy]

Pacmanx1 I just looked at a recent decision package; The "decision " letter  starts off...We made a decision on your VA benefits." It states my combined rating evaluation the old ratings and then the new one , and then the effective date. Ex Combined rating eval 60% effective date 1-13-19, Combined rating eval 80% effective date 2-21-21. Later down it says "what you should do if you disagree with our decision." It says "if you do not agree with our decision, you have one year from the date of this letter.  

It then goes on to advise the 3 lanes for appeal. I would add that the decision letter is dated several months after my effective date for the disability, so that doesn't short change the veteran if the VA delays issuing the letter.