VA Board Appeals
The Board of Veterans’ Appeals is a unit of the Department of Veterans Affairs that hears appeals of disability claims. Veterans who have had their benefits denied can choose to appeal their claim directly to the Board instead of their regional VA office.
Board Appeals can be more technical than regional office appeals and may involve complex issues of law or additional evidence. Representation by a VA lawyer gives your appeal the best chance for success. At Veterans Guide, our dedicated attorneys can help you navigate the VA bureaucracy to get the benefits you deserve.
The Process of Filing a Board Appeal
There are three paths for appealing a VA disability claim decision: Supplemental Claim, Higher-Level Review, and an appeal to the Board of Veterans’ Appeals, or BVA. A BVA appeal is the most formal of the three options.
Filing a BVA appeal involves the following steps:
Step 1: Filing the Notice of Disagreement
To initiate a BVA appeal, you must file a Notice of Disagreement, or NOD. Until February 19, 2019, every appeal required a NOD. Now, you only use an NOD to file an appeal to the Board.
You must submit VA Form 10182. When completing the form, you’ll select the type of review you want and provide a summary of what you are disputing in your appeal. If you are working with a VA lawyer, they can assist with this step.
Step 2: Selecting the Type of Review
There are three types of review by the Board:
- Direct review: No new evidence or hearing is required, and the judge reviews the claim as it stands.
- Evidence submission: New evidence is submitted, but no hearing is held.
- Hearing option: You can request a hearing before a judge and may also submit new evidence.
If you choose Evidence Submission, submit additional evidence that helps to support your case. You probably want to choose this type of appeal if your Nexus letter is insufficient and you must submit a new one.
With a Direct Review, a Veterans Law Judge, or VLJ, will re-examine the VA’s decision in your case. With this type of appeal, you cannot submit any additional evidence. If you are looking for an increase in your disability rating and feel the VA did the math wrong, you generally want to choose this type of appeal.
You can also request that a VLJ hear your case. This type of appeal can take longer than the others, but it allows you to both submit evidence and have the judge review the VA’s decision. You’ll also have the chance to testify on your behalf.
Step 3: Preparing for Your Appeal
In a BVA appeal, a Veterans Law Judge will review your claim, so thorough preparation is key. If you are submitting new evidence, make sure the VA hasn’t seen it before and that it is relevant to your case.
Consider working with a knowledgeable VA disability attorney, even if you haven’t during the earlier steps. A lawyer can advise you about your chances of success, help you gather evidence, and build a successful appeal.
What Happens After You Submit Your Board Appeal?
After you file your NOD, your case goes to a Veterans Law Judge for review. While the VA aims to process all direct review appeals within a year, the evidence submission track can take a year and a half, and the hearing track can take two years. Complex appeals may also take longer.
A VLJ can approve your appeal, request more evidence, or uphold the VA’s decision to deny your claim.
Outcomes of a Board Appeal
There are three main outcomes of a Board Appeal:
- Approved: Your claim is approved, and you receive the benefits requested.
- Denied: Your claim is denied, but you can explore further VA appeal options.
- Remanded: The case is sent back to the regional office for further development or additional evidence.
Denial or remand isn’t the end of the line. An experienced veterans’ law attorney can help you determine your next step.
What To Do if Your Appeal Is Denied
VA Board of Appeals decisions are not final. If the BVA denies your appeal, you have two options. If you think additional evidence could help your case, you can submit a supplemental claim. You may also continue your appeal to the Court of Appeals for Veterans’ Claims, or CAVC. This type of appeal is only possible if you feel a legal issue is at play in your appeal.
CAVC appeals are more complex than lower-stage VA appeals with strict procedural rules. You’ll likely need legal representation to navigate the process, even if a lawyer hasn’t helped you with previous appeals.
What To Do if Your Appeal Is Remanded
With a remand, the Veterans Law Judge requests the VA to further develop the case. This might include requesting additional information or clarification. The remand letter you receive from the VA will indicate the information they need. If this information isn’t provided, it could lead to a further denial.
A VA attorney can help you collect additional evidence.
Tips for a Successful Board Appeal
Following a few tips for your Board Appeal can give you the best chance of success:
- Submit Strong Medical and Vocational Evidence: Submit new and relevant evidence to prove your disability, its service connection, and its impact on your daily functioning. This may require undergoing medical testing, a new Nexus letter, or collecting buddy statements from friends and family.
- Get Legal Assistance or VA-Accredited Representation: BVA appeals are typically more complicated than regional office VA appeals and can touch on specific legal issues. A lawyer or VA-accredited representative can help you make sense of the process and provide you with correct information.
- Be Prepared to Present Your Case Clearly: The BVA docket is extremely full, but the VA strives to resolve every appeal promptly. You can assist by being clear about what you are asking for, especially if you testify on your own behalf at a hearing.
- Stay Organized and Timely: Missing a deadline or failing to provide information the VA wants can result in your appeal being denied.
Appealing your VA claim denial can seem daunting, but if you focus on building a complete case that is presented in a straightforward manner, you are more likely to succeed.
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Frequently Asked Questions About VA Board Appeals
Get in touch with us if you don’t see your question answered.
How Long Does It Take for a BVA Appeal To Be Decided?
The official VA Board Appeal timeline for a Direct Review is within 365 days or one year. However, if you’re submitting new evidence, requesting a hearing, or have a complex case, it could take longer.
Can I Submit New Evidence During a BVA Appeal?
You may submit new evidence in a BVA appeal if you have selected evidence submission or a hearing on your NOD.
What Happens if I Don’t Agree With the BVA Decision?
You can choose to appeal to the CAVC, or you can submit another supplemental claim. You can also talk to your VA lawyer about other ways to access veterans’ benefits.
Let Us Help You Win Your Board Appeal
Getting to a successful BVA appeal is often a long process, but it can also mean finally getting the benefits you deserve. It’s easier with a qualified VA attorney by your side who can prepare a legal strategy, handle vital deadlines, and help you understand your options.
If you’ve received a denial of VA benefits, contacting a lawyer now can help you protect your right to a BVA appeal. You only have one year to file your NOD.
Veterans Guide is committed to helping former service members and their families get vital benefits. Contact us today to take the first step.
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