Since VA appeals take a long time should I just re-file a new disability claim?

First, and most importantly, if a veteran withdraws the appeal and re-files a new claim they may lose significant back pay because they may lose the right to have the effective date of any subsequent win go back to the date the earlier claim was filed. Instead, the effective date would be the date of the most recent claim. Second, if a veteran files a new claim the evidentiary burden on the veteran increases requiring them to present new and material evidence and cannot rely on the evidence in the earlier claim/appeal.

Other Frequently Asked Questions

We Can Help You With Your VA Case Regardless Of Where You Live

We Can Help You With Your VA Case Regardless Of Where You Live

When most people consider hiring an advocate they typically think that they need to find a one that is nearby.  The same city, county or metro or even state probably comes to mind.  People think this for various reasons including the knowledge of the law in...

More Resources and Information

What Causes PTSD to be Triggered in Veterans?

In the past 15 years, the estimated number of veterans who have been diagnosed with PTSD currently numbers more than 500,000. As many as 60,000 of these veterans are Iraq and Afghanistan war veterans. Estimates show more than 20% to 30% of veterans...

Federal Court Addresses PTSD Stressors

A recent decision from the U.S. Court of Appeals for the Federal Circuit confirms that VA must apply a generous standard when evaluating the lay testimony of veterans suffering from PTSD concerning their combat experiences and PTSD stressors. Sanchez-Navarro v....

Permanent and Total VA Disability Ratings for PTSD

What is Post Traumatic Stress Disorder (PTSD)? Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Symptoms of PTSD usually begin within three months of the...

Depression And Your VA Claim

Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. According to the National Alliance on Mental Health Issues, about 14% of veterans suffer from depression. Depression is one of the most common...

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