Should You Request an Informal Conference as Part of Your Appeal?

Anyone whose initial VA benefit claim is denied will probably seek an appeal. However, you might request an informal conference. This is an opportunity to identify errors made or evidence that was overlooked on the initial review. An informal review is not the right choice for everyone, as our attorney explains below. Some veterans are better off filing a supplemental claim so the VA can consider additional evidence in support of their benefits application.

What is the Informal Conference?

This is an optional conference which is usually only a phone call and not an in-person meeting. You (or your lawyer) speak directly with a Veterans’ Affairs adjudicator about your claim.

During the conference, you can point out any mistakes you think were made in the prior review and decision. For example, the VA could have overlooked crucial pieces of information, such as medical evidence for a disability claim. The conference is a good way to bring attention to evidence that is already in the record but was not considered on the first review.

Your lawyer might also point out legal mistakes, such as a misstatement of the law. Sometimes legal errors contribute to an unfair denial of VA benefits. The law is always changing, so good faith errors sometimes happen.

This is not a formal hearing, and you cannot supplement the record during the informal conference. You also do not testify under oath. Instead, this conference is a way to bring clarity to the dispute and fix some obvious legal or factual mistakes. The adjudicator might also point out what precisely is missing in your file.

Should you request an informal conference? You only get one conference per higher-level review. That means you should probably quickly consult an experienced VA benefits lawyer first. You don’t want to waste the review if you do not know what you are talking about. That will only slow down your claim.

Informal conferences offer some strategic value to veterans hoping to receive benefits. They can speed up the case, especially where the VA made an obvious mistake. As a result, you might end up getting your claim approved much faster and without the need for a lengthy hearing before a veterans law judge (VLJ).

In other situations, an informal conference might be the wrong choice. For example, you might need to supplement the record because you have more comprehensive medical evidence. Instead of requesting a higher level review, you could file a supplemental claim.

If you have a lawyer, coordinate your schedules so they can be on the phone call with you. They will be able to clearly point out to the adjudicator what mistakes were made.

Call Empowerment Legal Today for a Consultation

Our Jacksonville VA benefits appeal lawyer can discuss whether an informal conference makes sense in your case and whether you have a strong argument on appeal. If hired, we can begin building a solid appeal using the most relevant evidence. Contact our office to schedule a meeting with our lawyer.

Source:

va.gov/decision-reviews/higher-level-review/