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.
