Appeals to the Board of Veterans Appeals (BVA)

The Board of Veterans’ Appeals operates independently from the VA and the Veterans’ Benefits Administration (VBA). It consists of a Chairman, Vice-Chairman, and numerous Veterans Law Judges. As an appellate body, the BVA has the ability to review a VA appeal following a claim denial issued by a VA regional office and make a further decision about whether to uphold it, amend it, or reverse it. When an appeal reaches the BVA, a Veterans Law Judge will review the VA’s decision for errors. At this stage, a veteran has the opportunity to show the BVA that the VA Regional Office failed to consider important facts or misapplied the law.

Choosing A Type of BVA Appeal

To appeal to the BVA, the veteran must submit a VA Form 10182, Decision Review Request: Board Appeal, within one year after the date of the notice letter for the rating decision the veteran wants to appeal.

Under the AMA, when a veteran appeals to the BVA, they must choose one of three different dockets. The choice of docket affects whether the veteran will be able to submit new evidence and can significantly change how long it will take to get a decision. Veterans can request:

• A Direct Review: Veterans should choose this BVA appeal option if they do not want to submit any additional evidence or request a hearing. Decisions based on a direct review take approximately 365 days. This option is best when the VA Regional Office has made a mistake by misapplying the law or ignoring important evidence, and the veteran has no new evidence to submit.
• Evidence Submission: Veterans should choose this BVA appeal option if they would like to submit additional evidence in support of the claim. Veterans have 90 days from filing the NOD to submit supporting evidence. Evidence submitted after the VA decision is appealed and before the Notice of Disagreement (NOD) will not be considered and must be resubmitted. These appeals take over a year on average for a decision to be made. This option is best when the veteran has new evidence to submit but prefers to appeal to the BVA instead of filing a Supplemental Claimat the VA Regional Office.
• The Hearing Docket: Veterans should choose this BVA appeal option if they want to supply the VA with additional evidence and testify in front of a Veterans Law Judge during an in-person hearing. You must submit evidence at the hearing or within 90 days of the hearing when appealing this way—any evidence submitted after the VA decision being appealed and before the hearing will not be considered and must be resubmitted. It takes more than a year on average for a decision to be made on this type of appeal. This option is best when the veteran wants an opportunity to make their case directly to a Veterans Law Judge. It can be helpful sometimes to be able to answer the Judge’s questions directly, but this docket has significantly longer wait times than the others.

How Can Our VA Disability Benefits Lawyers Help You Appeal?

The veteran disability claims attorneys of Berry Law can ensure your appeal persuasively states your case and provides the BVA with the evidence it needs to render a decision on your claim. We can show the BVA where the VA Regional Office got the facts wrong or misapplied the law and explain why you deserve benefits.

Berry Law also maintains a thorough catalog of research, case law, and medical studies that can help establish a link between an event and your impairment or a link between related medical conditions.

We know what it takes to prove that a veteran suffers from a current illness or injury that is connected to his or her service. We also know what goes into establishing a veteran’s proper disability rating.

The VA has accredited Berry Law attorneys to represent veterans in disability benefits claims. We have obtained millions of dollars in disability benefits for thousands of U.S. military veterans. We work with veterans across the country. Contact us today to discuss your case.

Berry Law also maintains a thorough catalog of research, case law, and medical studies that can help establish a link between an event and your impairment or a link between related medical conditions.

We know what it takes to prove that a veteran suffers from a current serious illness or injury that is connected to his or her service. We also know what goes into establishing a veteran’s proper disability rating.

The VA has accredited Berry Law attorneys to represent veterans in VA disability appeals and claims. We have obtained millions of dollars in disability benefits for thousands of U.S. military veterans. We work with veterans across the country. Contact us today to discuss your case.