VA Hearings Explained

– Donnel Beckles, Managing VA Advocate, Veterans Help Group

Donnel Beckles is one of the nation’s top Veterans Advocates. He is a proud member of the National Organization for Veterans Advocates (NOVA) and is accredited to practice VA law by the Department of Veterans Affairs. He has a wealth of knowledge in VA Disability law and has dedicated his profession to helping disabled veterans – and their survivors – obtain the compensation benefits they are due.

Donnel knows VA hearings can be intimidating and is here to explain to you the process

When you hear “VA hearings,” the first thing that comes to mind is likely an appeal of a VA disability determination. That is one way the VA uses hearings, but you may actually have an opportunity to be heard at several points in the process of establishing your claim for veterans disability benefits. 

Types of VA Disability Hearings

Whether a VA hearing is scheduled for information-gathering purposes before a decision is made or in connection with an appeal of a denial of veterans disability benefits, the VA says these hearings should not be adversarial in nature. The stated purpose of the hearing is to explore eligibility, not for VA employees to attempt to refute the veteran’s claims. This goes hand-in-hand with the VA’s obligation to assist a veteran in assembling the record when submitting a claim. 

That doesn’t mean that the VA will establish your claim for you. If you are requesting a hearing or are scheduled to appear at a VA hearing, it is generally in your best interests to have an experienced veterans disability benefits advocate help you prepare and accompany you to the hearing.

Pre-Determination Hearings

When VA receives evidence that a service-connected condition has substantially improved, it may seek to reduce the disability rating.  For example, a veteran with a 40% rating for hypertension could be reduced to 10% if the condition becomes less severe over time.  However, VA may not reduce a rating without extending due process to the veteran.  From the date VA officially proposes to reduce a rating, the veteran has 30 days to request a Predetermination hearing.  Meeting this deadline means VA may not move forward with the reduction until after the hearing. 

Predetermination hearings are typically held at the local VA Regional Office.  This is the veteran’s opportunity to provide evidence that the disability has not improved enough to warrant a lower rating.  These hearings are typically run by Rating Veterans Service Representatives (RVSRs) at the regional office. Rating Veterans Service Representative (RVSR) after the regional office has gathered your information but before they make a decision.

Post-Decision Hearings

If you’ve received a negative determination, you may or may not want to request a hearing. There are three different approaches for requesting additional consideration after a negative determination: requesting higher level review, filing a supplemental claim, or filing a Board appeal. 

The veteran may request a hearing in connection with review/appeal proceedings. However,a hearing isn’t always necessary, and proceeding on the record can speed up the process in some cases. 

Making the Most of Your VA Hearing

A VA hearing can be a powerful tool for helping decision-makers understand your claim and the extent of your disability. But, it’s important to make strategic decisions about when you should or should not request a hearing. If you do choose a hearing, thorough preparation starts with a clear understanding of what the VA is looking for. 

To learn more about how we can help, contact Mr. Beckles and the team at Veterans Help Group at 855-855-8992 or click here.

Since 2011, Donnel Beckles has been a leading voice for the disabled veteran community in seeking compensation from the Department of Veterans Affairs.  Mr. Beckles has led one of the nation’s most successful VA disability advocacy organizations (Veterans Help Group) since 2016 and has prosecuted thousands of VA Disability claims and appeals resulting in tens of millions of dollars of compensation awards.  Learn more about Donnel here.