Board of Veterans Appeals
The Board of Veterans' Appeals (also known as the "Board" or "BVA") is located in Washington, D.C. and is composed of approximately 100 Veteran Law Judges and approximately 850 attorneys, as well as support staff. Veterans Law Judges review benefit claims determinations made by local VA offices and issue decisions on appeals. This decision represents the highest level of review by VA and is binding on VA for a particular claim. In fiscal year 2020, the Board decided 102,663 cases, with 33.8 percent of all appeals being granted, 40.6 percent being remanded for additional development, and 20.3 percent being denied.
OPTIONS AFTER VA DECISION
Under the Appeals Modernization Act, decisions regarding compensation claims are developed and adjudicated at the Regional Office level, which ultimately leads to a rating decision. A Veteran has three options to respond to an unfavorable VA decision:
1. File a supplemental claim with new and relevant evidence
2. Request higher level review
3. Review by the Board of Veterans' Appeals
APPEAL TO THE BOARD
An appeal to the Board requires the filing of VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). The appeal must be filed within one year of the VA rating decision to maintain the effective date of the claim. When filing, one of three lanes must be selected:
1. Direct review: this lane is based upon the record at the time of the prior decision
2. Evidence submission: this lane allows new evidence within 90 days of filing
3. Hearing: this lane will provide the opportunity to testify before a Veterans Law Judge.
Direct Review. Direct review of a previously denied claim typically takes the least amount of time, but is not a good choice in all cases as no evidence can be submitted after the date of the prior denial. If, for instance, a claim is denied on the basis of a negative VA medical opinion, or a lack of evidence of about the occurrence of an injury or disease in service, then a new decision will not likely differ from the original denial. In many cases, additional evidence is needed to support the claim or at least rebut negative evidence against the claim.
Evidence submission. As a lack of supportive evidence is frequently a reason for denying a claim, then the option to submit new evidence within 90 days of filing the appeal is the best option. While this likely will take longer than the direct review, the chances of success increase and may save time in the long run.
Hearing. The last option, direct review with a hearing before a Veterans Law Judge, takes the longest as many claimants seek an opportunity to be heard and there is a substantial backlog for hearings at the Board level. This option does permit the submission of new evidence at the hearing and typically within 60 days following the hearing, but the additional time required to schedule the hearing substantially increases the time for a decision by the Board.
JUDICIAL REVIEW
If the Board denies a claim, an appeal may be taken to the U.S. Court of Appeals for Veterans Claims (CAVC) if filed within 120 days. Alternatively, a supplemental claim may be filed by submitting new and relevant evidence within one year of the Board decision and, if successful, the original effective date of the claim will be preserved. If a claim is denied at the CAVC, a claimant may also submit a supplemental claim within one year of the decision and also preserve the effective date of the claim. If, however, the appeal is taken to the U.S. Court of Appeals for the Federal Circuit, there is no provision to submit a supplemental claim following that decision, if adverse; and the effective date of the claim will not be preserved.
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