Board of Veterans’ Appeals

Understanding Board of Veterans’ Appeals Cases

The Board of Veterans’ Appeals (“BVA” or “the Board”) is the highest review authority within the Department of Veterans Affairs. The Board is comprised of “Veteran Law Judges” who review rating decisions from the regional office level, with the help of staff attorneys. While the Board generally is better equipped to review a veteran’s file in depth and accurately apply VA law and regulations, it may take a year or more for the Board to issue a decision on an appeal.

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).

"Lanes" For Appeal

In order to file an appeal at the Board, pursuant to the Appeals Modernization Act (AMA), a veteran must file a VA Form 10182, Notice of Disagreement (NOD). Veterans must select from one of three “lanes” for their appeal, listed on the Form 10182:

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

Greene & Marusak VA Disability Law

Important Considerations

A Decision From The Board Can Become Final

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.

Greene & Marusak VA Disability Law

Why Having a VA-Accredited Representative is Beneficial

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

Deciding whether to appeal a rating decision to the Board or file a higher-level review appeal or Supplemental Claim at the regional office level is often a very nuanced decision. Consideration must be given to the rationale for VA’s previous denial, the medical evidence in the file, whether VA has correctly applied VA laws and regulation, what elements of the claim have not been established, and timeline for a decision.

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.

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Increased Rating

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The Right Strategy Changes Everything

Greene & Marusak’s objective is to get veterans the maximum benefits they are entitled to.