Extreme Delay in VA Decisions on Disability Claims

As has been repeatedly discussed on this blog, the VA is experiencing extreme delay in processing and deciding claims for VA benefits. In some cases, more than a year or two will pass without the veteran hearing anything about his case from the VA, leaving the veteran to wonder if his case has fallen through the cracks.

Filing a Petition for Extraordinary Relief with the CAVC

In cases of extreme delay in VA decisions on disability claims, it may be in the veteran’s interest to file a petition with the U.S. Court of Appeals for Veterans Claims (CAVC). Where the Court agrees that the VA is acting impermissibly slowly in taking action on a case, it will require that an advocate from the VA to file a document describing what action is being taken on the veteran’s case. Sometimes, this will result in VA issuing a new decision. While the petition can be an effective tool, the Court will generally only get involved where the delay in a case is quite significant, meaning at least 18 months, and sometimes longer. Therefore, the decision as to whether filing a petition is appropriate can be a tough one to make.

Legal Help for Veterans Facing Delay in VA Decisions on Disability Claims

Filing a Petition for Extraordinary Relief is a routine service we provide for clients at Veterans Help Group. These petitions argue that individual delayed appeals warrant CAVC involvement in VA operations.  If you need help supporting a claim for VA disability compensation, or your veterans disability appeal has been delayed, call our advocates for veterans at (855) 855-8992 or complete our free online veterans disability case evaluation form.

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