VA Disability Glossary – Key Terms Every Veteran Should Know

The Board of Veterans’ Appeals (BVA)

  • The Board of Veterans’ Appeals (BVA) is part of the U.S. Department of Veterans Affairs and handles appeals from veterans who disagree with decisions made by VA regional offices. It is made up of Veteran Law Judges (VLJs) who are authorized to issue decisions on behalf of the Secretary of Veterans Affairs.

  • The BVA reviews appeals related to a wide range of VA benefits. After a veteran disagrees with a decision from a regional office and submits the required forms, the appeal is transferred to the Board. The BVA can grant benefits, deny benefits, or remand (send back to the regional offices) the decision for further development. It is the final level of appeal within the VA system before a case can be taken to the Court of Appeals for Veterans Claims (CAVC).

    • The veteran appeals directly to the Board and selects one of three review lanes

    • Must submit a Notice of Disagreement (NOD) within one year of the VA decision

    BVA Review Options

    Option #1 - Direct Review:

    • The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision

    • No new evidence or hearing is allowed

    • Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify

    • Typically the fastest BVA lane

    Option #2 - Evidence Submission Lane:

    • Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)

    • No hearing is held

    • Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing

    Option #3 - Hearing Lane:

    • Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing

    • Hearing can be held virtually, by video conference, or in-person

    • Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper

    • Typically the BVA lane with the longest wait time

    Note:

    • Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.

  • The Board’s decision on an appeal can become final if the veteran does not appeal within a specific timeframe. Veterans have 120 days to file an appeal to the next higher court, the U.S. Court of Appeals for Veterans Claims (CAVC).

    Under the Appeals Modernization Act (AMA) system, there is also the option of filing a supplemental claim within one year of an unfavorable Board decision, as long as the veteran submits new and relevant evidence.

  • The BVA appeal process involves complex rules, deadlines, and evidence requirements. A VA-accredited attorney or representative can help insure the appeal is properly developed, deadlines are met, and strong arguments are made on the veteran’s behalf.

    Veterans are not required to have representation, but having an experienced advocate increases the likelihood of a favorable outcome and helps prevent delays or errors.

    We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the Board and help you fight for the benefits you deserve.

    Give us a call at (844) 483-8737

    Check out our YouTube video where our firm’s partners break down each BVA lane: Which Lane Should Veterans Choose When Appealing to the Board of Veterans' Appeals?