The Board of Veterans Appeals (BVA) assists veterans in obtaining government benefits. Veterans can seek benefits through the Veterans Benefits Administration or the Veterans Health Administration and can appeal to the BVA if they disagree with the decision. The BVA offers three appeal options: Direct Review, Evidence Submission, or Hearing with a Veterans Law Judge. If the BVA denies the appeal, veterans can further appeal to the U.S. Court of Appeals for Veterans Claims. Veterans who filed an appeal before February 19th, 2019, have the option to follow either the old or new process.
The Board of Veterans Appeals (BVA) is responsible for reviewing appeals made by U.S. military veterans who are seeking benefits from the U.S. Department of Veterans Affairs (VA), including disability compensation, medical benefits, or military pensions. The BVA is a part of the VA and is authorized by U.S.C. 38 Chapter 71. Veterans seeking benefits must first go to their local VA agency, such as the Veterans Benefits Administration or the Veterans Health Administration. If the veteran disagrees with the initial decision made by the local VA agency, they have one year to pursue one of three possible decision review options: filing a supplemental claim via VA form 20-0995, filing for higher level review via VA form 20-0996, or appealing to the Board of Veteran Appeals via VA Form 10182.
If a veteran decides to appeal to the BVA, they have three options for how the BVA will review their case: Direct Review, Evidence Submission, or Hearing with a Veterans Law Judge. Direct Review involves reconsidering the evidence already submitted and looking for mistakes of law/fact the local VA agency may have made. No new evidence is submitted, so Direct Review is the fastest form of appealing to the Board of Veteran Appeals. Evidence Submission allows a party pursuing evidence submission to provide additional evidence to support their case for benefits for up to 90 days after filing an appeal. If a party selects Evidence Submission, the BVA will not reconsider evidence already provided to the local VA agency. Hearing with a Veterans Law Judge allows a party to make their case directly to the BVA rather than through written documents. Choosing a hearing allows a party to submit additional evidence. Hearings are offered in both virtual and physical formats.
If the BVA denies the veterans claims, then the veteran may appeal further to the U.S. Court of Appeals for Veterans Claims. For example, if a veteran applies for disability compensation and is denied by their local VA agency, they can appeal to the BVA using one of the three decision review options. If they choose to have a hearing with a Veterans Law Judge, they can present their case in person and submit additional evidence to support their claim.
The Board of Veterans Appeals (BVA) is an administrative body within the Department of Veterans Affairs (VA) that reviews decisions made by the VA regarding veterans’ benefits claims.
To file an appeal with the BVA, you must complete and submit a Notice of Disagreement (NOD) form within one year of receiving the decision from the VA. The NOD should clearly state the issues you disagree with and the relief you are seeking.
The processing time for appeals at the BVA can vary depending on various factors, such as the complexity of the case and the current backlog. On average, it can take several months to several years for the BVA to issue a decision.
Yes, you have the right to be represented by an attorney, accredited agent, or Veterans Service Organization (VSO) representative at the BVA. Having legal representation can help ensure that your rights are protected and that your case is presented effectively.
During a BVA hearing, you will have the opportunity to present your case before a Veterans Law Judge. You can provide additional evidence, testify, and present arguments supporting your appeal. The judge may also ask you questions regarding your claim.
Yes, you can submit new evidence to the BVA at any time during the appeals process. However, it is generally advisable to submit all relevant evidence as early as possible to avoid delays in the decision-making process.
If the BVA denies your appeal, you have the option to further appeal to the United States Court of Appeals for Veterans Claims (CAVC). The CAVC is an independent judicial body that reviews BVA decisions for legal errors.
Yes, if your appeal is successful, you may be entitled to retroactive benefits. Retroactive benefits are typically awarded from the date of your original claim or the date your entitlement to benefits was established, depending on the circumstances of your case.
No, the BVA does not have a formal reconsideration process. If you disagree with a BVA decision, you must appeal to the CAVC or pursue other legal remedies.
Yes, you have the right to withdraw your appeal from the BVA at any time. However, it is important to carefully consider the potential consequences and consult with legal counsel before making this decision.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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