Appeals for Sleep Apnea VA Rating
Filing for VA disability benefits for your sleep apnea can be confusing, and without the right evidence, your initial claim could be denied. The best way to support the success of your appeal is by working with one of the VA disability lawyers from our VA disability law firm. We know what the VA needs to see in your appeal to approve your benefits, and we will do whatever we can to get you the highest possible compensation.
Appeals and Legal Assistance
When it comes time to appeal a denied VA disability claim, it is important to know that you can hire an attorney to assist you. The purpose of hiring an attorney is to take advantage of their knowledge and experience concerning what the VA needs to see in an appeal to approve your claim. When hiring a lawyer, the American Bar Association notes that the most important factor to consider is the lawyer’s experience. We believe that any lawyer you select should have considerable experience appealing cases to the U.S. Court of Appeals for Veterans Claims.
The Appeals Process
When you disagree with your benefits decision, the VA explains that you can file an appeal with the Board of Veterans Appeals and request to:
- Submit additional evidence,
- Have a hearing, or
- Have the board decide on your appeal based on the same evidence submitted initially.
The process begins with your filing a Notice of Disagreement (NOD), which is a VA Form 10182. In older, legacy cases, after the filing of an NOD, the VA will try to resolve the disagreement and if it cannot do so by granting the claim, the VA would then send you a Statement of the Case (SOC). You’ll then need to file VA Form 9 within 60 days from the date on the Statement of the Case. This applies to appeals filed for decisions before February 2019, which is the “legacy” system. But for cases with initial decisions after February 19, 2019, the new format (also known as AMA) must be used. For Board appeals of AMA cases, the three optional lanes at the Board are for consideration. It is important to remember that if your case is denied at the Board and appealed to the U.S Court of Appeals for Veterans Claims and then remanded at the Court, you will be stuck in the same lane that you chose when you appealed to the Board. As such, to afford maximum flexibility with the submission of new evidence following a remand at the Court of Appeals, you should consider choosing the lane for the submission of new evidence. Discussing your situation with a VA benefits lawyer will help determine the best options for your appeal.
The Benefits of Working with a Veterans Disability Lawyer with Relevant Experience
The VA has a very extensive set of guidelines for how the appeals process works. There are also specifics in terms of the evidence they need to accurately rate your sleep apnea disability and approve your related claim. Our attorneys only get paid if we win your appeal, and we’ll discuss how our payment works when we consider options for helping with your case.
Learn How We Can Help with Your VA Disability Appeal
The process of filing for your VA disability benefits can be extensive, and a lack of sufficient evidence or mistakes can lead to time-consuming delays or denials. If your VA disability claim for sleep apnea has been denied, our VA disability benefits law firm has the experience and knowledge necessary to put together a winning appeal. We’ll help you gather additional medical evidence and expert opinions to provide the VA with the information they need to accurately rate your sleep apnea.