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 affirm (agree with), reverse (change), or remand (send back) 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 appeal process to the BVA begins when a veteran submits a Notice of Disagreement (NOD) in response to a decision from a VA regional office decision. This must be filed within 1 year from the date on the VA decision letter. The NOD tells the VA that the veteran disagrees with the decision and wants to begin the formal appeal process.

After the NOD is received, the VA may issue a Statement of the Case (SOC) explaining the reasons for the decision and summarizing the evidence used. Once the SOC is sent, the veteran has 60 days from the date of the SOC (or the remainder of the 1-year period from the original decision, whichever is later) to submit VA Form 9 (the Substantive Appeal) to continue to appeal to the Board.

Once VA Form 9 is submitted, the case is transferred to the BVA. The Board reviews the claim based on the existing file, any new evidence, and written arguments. Veterans may request a hearing either virtually, in-person, or by video to present their case directly to a Veterans Law Judge. They also have the option to have attorney representation during their Board hearing to help strengthen their case.

The Judge will then issue a written decision that either affirms (agrees with), reverses (changes), or remands (sends back) the case to the VA regional office for further development.

The Board’s decision on an appeal can become final is 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 Reform system, there is also the option of filing a supplemental claim within one year of an unfavorable Board decision.

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 attorney’s and representatives here at Greene & Marusak that may be able to represent you before the Board and help you fight for the benefits that you deserve.

Give us a call at (844) 483-8737