The Board of Veterans’ Appeals (BVA) reviews denied VA disability claims and can grant or deny them or send them back to local regional offices for more development.
The Board offers three appeal options, each with different requirements and timelines. A Board Appeal is the last step in the administrative appeals process and the final step before a denied claim can go to court.
A Veterans Affairs Disability benefits claim lawyer can help you request an appeal, gather the requested additional evidence, and, if necessary, represent you in a hearing in front of an administrative judge.
What Is the Board of Veterans’ Appeals?
The Board of Veterans Appeals (BVA) is an organizational body of the US Department of Veterans Affairs (VA) responsible for reviewing decisions made by regional offices. When your VA disability claim is denied, you can request an appeal with the Board, which has the power to review and change decisions made by regional offices concerning disability benefits.
Generally speaking, decisions from the board are made by a Veterans Law Judge. Once a judge reviews the case, they can either reverse the decision, keep the decision, or send the case back to the regional office for further processing.
The BVA exists to resolve disputes between applicants and VA regional offices. It reviews claims from a fresh perspective and may bring in additional information and evidence to assess claimants.
For a free legal consultation, call (800) 562-9830
When Can I Request a Board Appeal?
You are allowed to request a board appeal under three circumstances:
- Your initial application for benefits was denied
- Your higher-level review was denied
- Your supplemental claim was denied
In all cases, you have one year from the date of denial to request a board appeal. You can request a Board Appeal online, in person, or by mail. You can also have an attorney or Veterans Service Organization (VSO) representative help you request an appeal.
Board Appeal Options You Can Request
The Board of Veterans’ Appeals works by offering three different appeal methods or “dockets,” each with its own structure and requirements.
Your choice of docket will largely shape how the appeals process proceeds, so you should work with an attorney to ensure you understand all your options.
1. Direct Review
Picking the direct review option is the most straightforward and involves having a judge review your case with the current evidence. This method is the fastest type of appeal, but you won’t be able to add new evidence to your claim.
The judge will review your case with the current evidence, and you won’t be able to request a hearing.
2. Evidence Submission
With evidence submission, you can submit new evidence that a judge will review along with the old evidence in your case. You have 90 days from requesting an evidence submission appeal to submit new documentation
3. Appeal Hearing
By choosing the hearing option, you can schedule a meeting with a judge to review your case. With this option, you can submit new evidence either at the hearing or within 90 days after the hearing.
Hearings can be conducted online at home or through a local VA location. Applicants can also request an in-person hearing in D.C., but they’ll have to cover the travel costs.
How Long Does an Appeal to the BVA Take?
The timeline for Board Appeals depends on the specific chosen method:
- Direct Review – 365 days (one year)
- Evidence Submission – 550 days (1.5 years)
- Hearing – 730 days (two years)
Note that these timelines are just estimations; actual waiting times can vary significantly. Direct review is the fastest method, but waiting times for appeal hearings can hit between five and seven years, depending on judge availability and case backlog.
A lawyer can help you file all materials correctly, reducing the risk of delays and errors in your appeal.
What if My Board Appeal Is Denied?
The BVA is meant to be the last administrative step in the process of appealing a denied VA disability claim.
If your appeal is denied, the next level of escalation is filing an appeal in the U.S. Court of Appeals for Veterans Claims. You must file this appeal within 120 days of receiving your BVA denial, and there is a $50 non-refundable filing fee.
If the Court of Appeals believes that your case has merit, it usually sends the case back to the BVA for further action. In rare cases, it may reverse the Board’s decision.
Contact a Disability Denial Lawyer Today
Contesting a denied disability claim can be a lengthy and challenging process from both a legal and administrative standpoint.
For those needing assistance with appealing a VA decision, Marc Whitehead & Associates is here to assist. Our firm focuses exclusively on disability claims and can bring our 120+ years of combined experience to your case.
If you have more questions about how the Board of Veterans’ Appeals works, contact us online or call our offices today to speak to a disability denial lawyer.
Call or text (800) 562-9830 or complete a Free Case Evaluation form