Board of Veterans’ Appeals (BVA) Claims Appeals

October 29, 2024 ---- Category: General Knowledge

If your VA disability compensation claim has been denied or not rated high enough, you have options. This article is here to guide you through the Board of Veterans’ Appeals (BVA) process. Understanding your rights and the appeal options available can make a significant difference in securing the benefits you deserve.

The Appeals Modernization Act: What Veterans Need to Know

In February 2019, the Appeals Modernization Act (AMA) dramatically changed the appeals process. Under the AMA, veterans have new options for appealing their claims decisions. It’s crucial to understand these changes to navigate your appeal effectively.

Understanding the BVA Appeal Process

When you disagree with a decision made by the Agency of Original Jurisdiction (AOJ), you can appeal to the Board of Veterans’ Appeals. This appeal is submitted using VA Form 10182, also known as the Notice of Disagreement (NOD). The BVA offers three distinct appeal options, each with its own pros and cons:

Direct Review

Pros:

  • Potentially the quickest decision
  • BVA aims to complete these reviews within one year (though actual times may vary)

Cons:

  • No new evidence can be submitted
  • Decision based solely on existing evidence

Evidence Submission

Pros:

  • No need to attend a hearing
  • 90-day window to submit additional evidence after BVA receives your NOD

Cons:

  • No opportunity for personal testimony
  • Evidence may be processed more quickly through a supplemental claim to the AOJ

Hearing

Pros:

  • Opportunity to tell your story directly to a Veterans Law Judge
  • Chance to establish credibility
  • Judge may indicate what additional evidence is needed for claim approval

Cons:

  • May take longer for a decision to be reached
  • Risk of harming your case if testimony appears not credible

Hearing Options: Choose What Works Best for You

If you opt for a hearing, you have three attendance options:

  1. Central Office Hearing: Attend in person in Washington, D.C.
  2. Video Conference Hearing: Attend at a VA Regional Office
  3. Virtual Tele-Hearing: Attend via an internet-connected device (e.g., computer with webcam or smartphone)

Important Deadlines to Remember

Time is of the essence when it comes to VA appeals. Here are crucial deadlines to keep in mind:

  • You have one year from the date of your claims decision notification letter to file an appeal
  • For evidence submission appeals, you have 90 days from the BVA’s receipt of your NOD to submit additional evidence
  • For hearing appeals, you have 90 days after the hearing to submit additional evidence

Frequently Asked Questions About BVA Claims Appeals

Q: What if I miss the one-year deadline to file an appeal?

A: If you miss the one-year deadline, the decision becomes final, and you lose your original application date. It’s crucial to act within this timeframe to preserve your rights.

Q: Can I change my appeal option after submitting my NOD?

A: Once you’ve selected an appeal option on your NOD, it’s generally not possible to change it. That’s why it’s important to carefully consider your options before submitting.

Q: How long does the BVA appeal process typically take?

A: While the BVA aims to complete direct review appeals within a year, our experience shows that decisions can take an average of more than 3 years. Other appeal types may take longer.

You Fought For Your Country, Let Us Fight For You

Don’t let a denied claim discourage you. If you’re struggling with the VA appeals process, Veterans Disability Aid is here to help. Contact us today to connect with our team of experts and get the support you need to appeal your denied claim. Remember, you fought for your country – now it’s time someone fought for you.

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