The Board of Veterans’ Appeals (BVA) is a division of the U.S. Department of Veterans Affairs (VA). It conducts hearings and makes rulings on VA disability appeals. Claimants can appeal their disability cases to the BVA after they have received both a rating decision that denies their claim in whole or in part.initial
Structure of the BVA
The BVA is made up of judges known as Veterans Law Judges (VLJs). Unlike most government bodies, the BVA does not have a fixed number of members other than its Chairman and Vice Chairman. The Chairman is appointed by the President of the United States.
In addition to the Chairman, Vice Chairman, and body of judges, the BVA employs an administrative team consisting of attorneys and other staff members.
How Does the BVA Review Appeals?
When the BVA receives an appeal, it reviews the initial claim, the medical evidence, and all other supporting documents. The Board then renders a decision to grant benefits, deny benefits, or remand the claim back to the appropriate regional office for further development.
Claimants who have appeals before the Board may request a hearing, either in person or by video conference. They also have the option of attorney representation during their Board hearing, as an attorney may be able to help claimants strengthen their case.
The Board’s Decision on an Appeal Can Be Final
The BVA’s decision on an appeal can become final if claimants do not appeal within the necessary timeframe. Specifically, claimants have 120 days to file an appeal to the next higher court, the United States Court of Appeals for Veterans Claims. Claimants can also file a motion for reconsideration with material evidence which the Board may accept during the reconsideration process.
Under the new Appeals Reform system, claimants also have the option of filing a supplemental claim within one year of an unfavorable Board decision.
If You Have Questions About Your VA Disability Appeal, Call the Chisholm Chisholm & Kilpatrick LTD Law Firm for a Free Case Evaluation: 800-544-9144
The veteran lawyers at Chisholm Chisholm & Kilpatrick LTD may be able to help you receive the VA disability benefits you deserve. Our attorneys are passionate about helping veterans and we offer a free case evaluation. Chisholm Chisholm & Kilpatrick LTD works on a contingency fee basis, meaning we do not get paid until you receive a grant of benefits. To speak with a member of our team, call us at 800-544-9144.
- Should I Appeal a Denied Claim or File a New VA Claim?
- Caregiver Program: Veterans risk loss of care due to inability to appeal VHA decisions
- How to Appeal Your VA Claim
- How Long VA Appeals Process Can Take – Average Appeal Times for Disability Claims
- VA Appeal Deadlines