what are the chances of winning a va appeal at the bva level with an attorney

by Grant Yundt 3 min read

In 2018, the percentage of appeals approved with an attorney was 44.61%, while only 27.22% of appeals were approved with no representative. In 2019, 46.31% of appeals were approved with an attorney, while only 26.18% were approved with no representative.

What percentage of VA appeals are successful?

Here's how their decisions played out: In fiscal year 2020, the Board allowed (approved) 33.8% of the legacy appeals and 37% of the AMA. As for denials, the Board denied 20.3% of legacy appeals and 27.6% of AMA.Apr 4, 2021

How hard is it to win a VA appeal?

Veterans represented by attorneys saw the best results: 40.9% of their cases allowed. 38.5% remanded. Only 14.8% denied.May 7, 2021

What percentage of VA remands are approved?

Fiscal Year 2018: Board of Veterans' Appeals Approval Rate

Of this 35.75 percent, 19.61 percent (16,729) were allowed without any remanded issues, while 16.14 percent (13,763) were allowed with at least one remanded issue. Within the 85,288 decisions completed in FY 2018, VA decided on a total of 253,450 issues.
Aug 1, 2019

Is a BVA decision final?

When the BVA overturns a decision, the veteran will be granted their request for benefits. This is a final decision on the matter, and benefits may no longer be denied.

How long does it take for BVA decision?

The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal.Mar 26, 2021

How long does a BVA appeal take 2021?

Time from when you file a Form 9 (substantive appeal) to when the case is certified to the BVA is on average 585 days. Time from when the BVA receives the appeal until when it makes a decision is on average 240 days. If they BVA remands the claim, the time is on average another 427 days.

Is a BVA remand appeal good?

Is a Board (or VA) Remand a Good Thing? Having a case remanded is not necessarily a bad thing. The Board may order the Regional Office to analyze the case in a way that is more favorable to the veteran or give the veteran a chance to further develop the evidence of record.Oct 1, 2021

What happens after a BVA remand?

A “remand” means that your case needs to go back for something specific to be done to better explain/support your claim. That can be useful for you. The item(s) listed are the actions that the regional office will need to do on the claim. Unfortunately, the VA has no choice but to comply with Board remand instructions.Feb 22, 2021

How long does a VA remanded appeal take 2020?

Veterans can expect to receive a decision within 68 and 82 days for the first or second appeal options, respectively.Jul 13, 2021

How long does it take the regional office to make decision after BVA decision?

A claim for service connected benefits can be long and exhausting. Just to get to a BVA decision a veteran would have had to already appeal the claim twice through the VA Regional Office (RO). This process can take two to ten years.Jul 6, 2012

What happens after the BVA grants your appeal?

If the BVA decides to grant your benefits, the claim is typically sent back to the Regional Office for implementation. This means the Regional Office must decide certain details, such as the effective date of the claim or the disability rating that is warranted given the severity of your condition.

What happens after an appeal is granted?

What Happens if I Win My Appeal? In most situations, if you win your appeal, you case will be "remanded." This means the case will be sent back to the trial court or judge responsible for your conviction and/or sentencing.