what is a board of veteran's appeals attorney

In the context of Board proceedings, appellants often execute a POA with an accredited representative, such as a VSO, private attorney, or claims agent. This allows the representative, who is familiar with Veterans law and the VA claims/appeals process, to act on their behalf by submitting evidence and argument in support of the case.

Full Answer

How long does it take to get a BVA decision?

The Board of Veterans’ Appeals (BVA) is the appellate body of the United States Department of Veterans Affairs (VA), meaning it has the ability to overrule a decision made by a VA regional office. When you appeal a decision to the BVA, it reviews your case de novo. This means the Board gives your claim and the evidence you submit a fresh look.

What are the steps in the VA appeal process?

The Board reviews cases in the order they’re received. The judge will begin work on your appeal when it’s among the oldest appeals ready for their review. The Board will create a transcript of your hearing and add this to your appeal file. The Board will ask if you’d like a copy of the transcript for your personal records.

How to file a VA appeal?

 · Hill & Ponton P.A. Updated: August 21, 2018. The Board of Veterans’ Appeals (BVA) is located in Washington D.C. and it was created to give service members the chance to advocate for themselves if they have a disability that hinders their income potential. We’ll look at who’s in the administration, how it affects the outcome of a case, and ...

How to submit VA appeal?

 · Heather Staskiel, Attorney Updated: March 3, 2015. Today we are going to take a look at an important institution in the realm of VA law: the Board of Veterans Appeals (BVA). The BVA is the second level of review for veterans’ claims, the first being the VA Regional Offices (RO). In simplest terms, the RO makes the first decision on a claim ...

How long does the VA board of appeals take?

The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5-7 years for you to get a decision.

What are the chances of winning an appeal with the VA?

Without representation, veterans have a roughly one in four chance of receiving benefits on appeal: 2017 - 24.42% of appeals were approved with no representative. 2018 - 27.22% of appeals were approved with no representative. 2019 - 26.18% of appeals were approved with no representative.

What to expect at a VA appeals hearing?

The judge will ask you to take an oath, or affirm that you'll tell the truth during the hearing. During the hearing, you, your representative – if you have one, and the judge will have a conversation about the issues on appeal.

What does the core of appeals for veterans Claims do?

The Court of Appeals for Veterans Claims hears appeals of decisions made by the Board of Veterans Appeals. You must have a decision from the Board of Veterans Appeals to bring a case before this court.

How often are VA claims denied?

The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.

How many times can you appeal a VA decision?

There is no limit to how many times you can appeal different applications. You should submit new evidence with each claim. The best way to win an appeal is to do it right the first time. The VA disability appeals process can take years.

How do I prepare for a VA appeal?

4 Things to Do to Prepare for Your VA Disability AppealRequest a Copy of Your VA Case File. A VA case file, otherwise known as a C-File, is a record that VA keeps that includes vital information about your disability claim. ... Collect Evidence. ... Prepare for Your Presentation. ... Contact a VA Disability Attorney.

How long does it take to get a VA board hearing?

Unless you are filing a fully developed claim, or your appeal is so simple that the Board of Veterans' Appeals (BVA) can issue an award within 30 days, your initial claim can take anywhere from 9-15 months to process. The VA appeals process timeline for an informal claim is typically within 9-12 months.

How long does it take a VA judge to make a decision after hearing?

90 daysGenerally, the veterans law judge will wait a least 90 days after the hearing to provide their decision. This allows time for submission of any additional evidence if the veteran chooses to do so.

What types of cases does the Court of Appeals for Veterans Claims hear?

Some cases may involve dispute over education payments – either the amount or frequency. Other cases involve claims of benefits such as medical coverage and payments, and may be seeking coverage for specific ailments, surgeries, medicines or other therapies.

What does the Court of Military appeals do?

The United States Court of Appeals for the Armed Forces exercises worldwide appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.

How long do I have to appeal BVA decision?

120 daysThe NOA must be received by the Court not later than 120 days after the date on which the Board mailed the notice of the decision to the last known address of the appellant. Please Note: The date stamped on the front of the BVA's decision is the date it was mailed. 2.

Why might I want a Board hearing?

You might want a Board hearing if you think it’ll help support your appeal to discuss your case with a judge.

Do I have to have a Board hearing?

No. Board hearings are always optional. Learn more about Board hearings: Schedule your Board hearing Prepare for your Board hearing Find out what t...

How do I request a Board hearing?

You can request a Board hearing when you fill out your VA Form 9. The form will ask you to choose 1 of these 4 options: No hearing. If you choose...

How will I know when my hearing is scheduled?

You’ll receive a notice in the mail at least 30 days before your hearing is scheduled.

What if I need to reschedule my hearing?

Send a written request to reschedule your hearing at least 2 weeks before your scheduled hearing. Include your name and the VA file number for your...

What if I need to cancel my hearing?

Send a written request to cancel your hearing at least 2 weeks before your scheduled hearing. Include your name, the VA file number for your claim,...

What new evidence should I bring to my hearing?

If you’ve already submitted evidence, the judge will be able to review it on their computer, and it’s not necessary to bring it to your hearing. Bu...

Can I get help preparing for my hearing?

Yes. You can get a representative to help you prepare for the hearing and present your information to the judge. This person may be a lawyer, a cla...

What will happen at my hearing?

To start, the Veterans Law Judge will ask you to take an oath that you’ll tell the truth during the hearing. You’ll then: Tell the judge why you th...

What does it mean when you appeal a decision to the VA?

When you appeal a decision to the BVA, it reviews your case de novo. This means the Board gives your claim and the evidence you submit a fresh look. The Board of Veterans’ Appeals has jurisdiction over all matters pertaining to benefits administered by VA and individuals receiving or applying for them.

What is a hearing for veterans?

Hearings allow veterans an in-person opportunity to submit any available evidence which they consider relevant and any arguments, witnesses, or contentions that they may consider pertinent to their claim.

How many lanes are there for VA appeals?

In February 2019, VA officially implemented the AMA system. In this new appeals system, veterans have three lanes for appealing a decision from VA:

What evidence is included in VA records?

Evidence can include medical evidence, lay evidence, service records, and more.

How long does it take for a VA case to be reviewed?

VA has set a 365-day goal for issuing decisions in the direct review docket. This goal, however, can be impacted by the number of cases received. Each case has a target distribution date . The target distribution date considers both the date by which the case must be decided in order to meet the timeliness goal, meaning 365 days from the Notice of Disagreement, and the average amount of time it takes to issue a decision from the date the case is assigned to a Veterans Law Judge.

Can a hearing strengthen your appeal?

A hearing can strengthen your appeal, especially if you have a VA attorney who can present a compelling case on your behalf. The attorneys at Chisholm Chisholm & Kilpatrick LTD have years of experience conducting BVA hearings on behalf of our clients. We can build a convincing case for you and present it to the Board.

Can a claimant submit evidence after the initial rating decision?

However, the Board will not consider evidence submitted by the claimant after the initial rating decision but before the hearing.

What is board appeal?

Another option available to a veteran who disagrees with a decision made by the VARO is requesting a Board Appeal. A Board Appeal is an appeal to a judge at the Board of Veterans’ Appeals (Board) in Washington, D.C.

What happens if a veteran disagrees with a board decision?

If the veteran disagrees with the decision made through the Board Appeal process, they may file a Supplemental Claim if they have any new and relevant evidence. If the veteran has no new evidence, they may appeal the decision to the U.S. Court of Appeals for Veterans Claims.

What is new evidence VA?

The VA defines new evidence as evidence “not previously part of the actual record before the agency adjudicators” and relevant evidence is evidence that “tends to prove or disprove a matter at issue in a claim.”. See 38 C.F.R. § 3.2501 (a) (1).

What to do if a veteran disagrees with a Supplemental Claim?

If the veteran disagrees with the decision made through the Supplemental Claim process, they can request a Higher-Level Review of the decision or file for a Board Appeal. The veteran may also file another Supplemental Claim if they have any new and relevant evidence.

How long does it take to appeal a VA claim?

To appeal to the Board, the veteran must fill out a VA Form 9 within 60 days from the date on the SOC. The VA Form 9 asks the veteran to identify the reason that they believe their claim was decided incorrectly. Additionally, it gives the choice to appeal certain issues from the SOC or all the issues from the SOC.

What is VARO decision?

The VARO decision is the first decision a veteran receives on their disability claim. If a veteran disagrees with that decision, they can appeal the decision, and have it reviewed by the Board. The Board’s review is de novo, meaning that they view all the evidence as new, or without considering the RO’s decision.

When will the AMA appeals process be implemented?

As stated, decisions dated on or after February 19, 2019 , will be placed in the new AMA Appeals Process. This process was established by the Appeals Modernization Act of 2017.

How to start an appeal for VA benefits?

To start, the Veterans Law Judge will ask you to take an oath that you’ll tell the truth during the hearing. You’ll then: Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal. Give the judge any new evidence you may have.

How long before hearing to cancel VA?

Send a written request to cancel your hearing at least 2 weeks before your scheduled hearing. Include your name, the VA file number for your claim, and the reason you’re canceling.

How long does it take to get a VA hearing rescheduled?

If VA can reschedule your hearing, you’ll receive a notice at least 30 days before the new hearing date.

Why do you need a board hearing?

You might want a Board hearing if you think it’ll help support your appeal to discuss your case with a judge.

Can you have a hearing at the VA?

No hearing. If you choose this option, you can send a letter to the Board that delivers the same message as what you would have said at a hearing. A videoconference hearing at your local VA office. This takes place at your local VA office (or another facility close to you).

Does the appeals board review appeals?

No. The Board reviews cases in the order they’re received. The judge will begin work on your appeal when it’s among the oldest appeals ready for their review.

What to do if you appeal a court case?

If you do choose to appeal to the board, you have one of three options. You can either ask them to reconsider or ask them to start the case over again. Finally, if there was a clear error in the case, you can ask the board to revise its decision too. Ther error will typically need to be a serious one for the board to grant this request though. For example, if it was clear that the judge didn’t factor in a recent test result into their decision.

Why do veterans need to have a hearing?

As a general rule of thumb, it’s recommended that veterans do request BVA hearings because it gives them a chance to argue the claim in their own words. This can be a powerful way to breathe life into the paperwork and help the judge see you as a veteran who is reaching out for help.

What is the BVA?

The BVA is primarily made up of a group of Veteran Law Judges, known as the Members of the Board. There’s also a Vice Chairman and a Chairman who sit at the top of the hierarchy. There is no minimum member of judges at the BVA. The total count will depend on how many appeals are being processed at any given time.

What is the BVA court system?

The BVA serves as a type of court system for the VA. The board is granted the ability to overturn the decisions of the VA after reviewing the case.

Why was the Appeals Modernization Act created?

It’s why the Appeals Modernization Act was created to help veterans receive fair treatment in the case of a denial.

Does the BVA look at cases?

BVA will look at cases with a fresh perspective before making its decision. There are a few reasons for doing this. On the one hand, it’s possible for the decision-makers at the VA to be too close to a case, which might result in their missing the bigger picture.

Can you appeal a VA case?

To avoid potential biases, the BVA will start with an entirely clean slate. You can choose to appeal any case related to the benefits administered by the VA. The BVA has the authority to judge and rule over it all. This is why it’s so important for veterans to have as much information as possible before submitting an appeal. The BVA is not bound by any decisions that the RO has made, which can give veterans an edge (especially if they’ve already been dealing with the RO for weeks or months on end).

How long is the BVA chairman term?

The Chairman is appointed by the President, subject to Senate confirmation, and serves a 6-year term . The individuals who participate in the decision making process for each case are known as Veterans Law Judges. There are about 60 Veterans Law Judges, each of whom are recommended by the BVA Chairman, appointed by the Secretary of the Department ...

How many veterans law judges are there?

There are about 60 Veterans Law Judges, each of whom are recommended by the BVA Chairman, appointed by the Secretary of the Department of Veterans Affairs, and approved by the President. Unlike the individuals who are making decisions at the RO level, Veterans Law Judges must be attorneys.

What happens if a veteran does not agree with the RO decision?

If a veteran does not agree with the RO decision, he has the option of appealing that decision to the BVA. Before the case can be heard at the BVA, the veteran must file a Notice of Disagreement with the RO. Then, the veteran will be able to choose between the DRO review process and the traditional review process.

What is the BVA?

The BVA is the second level of review for veterans’ claims, the first being the VA Regional Offices (RO). In simplest terms, the RO makes the first decision on a claim, whether that be an initial claim for service connection or a claim for increased rating or an earlier effective date.

Does the BVA have jurisdiction over VA medical decisions?

It is important to note that the BVA does not have jurisdiction over VA medical determinations relating to the treatment of an individual, such as medications prescribed or courses of treatment. The BVA is comprised of the Chairman, who is the chief executive officer and Veterans Law Judges, who are the main decision makers.

Can you develop evidence for a BVA claim?

One thing to remember is that while you are waiting for your claim to be looked at by the BVA, you can still be developing evidence for your claim, such as gathering service records, getting an independent medical opinion, or asking fellow service members to provide buddy statements. This additional evidence, along with the fact ...

How long can a VA appeal be pending?

There is currently an appeal pending decision by the Court of Appeals for Veterans Claims in which it is expected that the CAVC will decide if this same rule – that the BVA can’t decide an appeal earlier than the 90 days it provides – applies to all cases or just CAVC remands.

How long does it take to appeal a BVA decision?

That said, about 90% of the time, the BVA is issuing a 90-day letter, and then deciding the appeal in less than 60 days. For now, if you are on remand from the CAVC and that happens, the BVA has acted unlawfully and their decision, if it is unfavorable, can be vacated by the Veterans Court. In any other appeal, there is a strong likelihood that the BVA has acted unlawfully – and you should appeal to the CAVC to ensure your appeal is protected when the Veterans Court decides the issue in Williams.

What happens if the BVA doesn't send a copy of the C-file?

If the BVA fails to send you a copy of your C-File before its decision, it violates its own regulation, and commits remandable error. In a time when the Board of Veterans’ Appeals is slamming out decisions 4-8x faster than it ever has in its history, BVA judges are not going to slow down the BVA docket to look for, no less fulfill, requests from veterans and their advocates for C-Files.

What is the BVA supposed to address?

Once a veteran makes that challenge, the BVA is supposed to address the competence of the VA’s examiner to render the opinion sought. Of course, that rarely happens, and when it does, it’s because the Board of Veterans’ Appeals makes a conclusory statement like “The VA’s doctors are competent.”. When the BVA fails to address ...

What are the benefits of surviving spouse of deceased veteran?

Two of the more common benefits available to surviving spouses of deceased veterans are “ accrued benefits ” and “ Dependency and Indemnity Compensation ” (DIC & AB).

Can veterans appeal a BVA decision?

Veterans stand next to no chance of prevailing in their BVA appeals if they have not seen the records the Board of Veterans’ Appeals will rely on to make its decisions to make its decision.

Does the BVA find a veteran or witness lacking credibility?

The BVA finds a veteran or witness lacks credibility. Credibility in VA claims and appeals is a tricky subject. First, while legal credibility has little to do with telling the truth or lying, many veterans feel the BVA is calling them a liar when they say a veteran or his/her evidence lacks credibility.

How long does it take to draft a decision in a BVA?

Management requires attorneys to review the file, tab/notate the file, AND draft a decision within 8-10 hours. Given that an attorney only receives credit after a judge signs his or her draft, it's not advisable to spend a lot of time on file review or tabbing, as those tasks will cut into the attorney's decision writing time. Drafting decisions can be especially difficult for attorneys who work for picky judges, as these attorneys have to revise the returned draft AND draft 3-4 new decisions a week.

Why is the BVA attrition rate so high?

The grueling pace of the work year round coupled with constant hostility from management make the job extremely challenging. That's why the attorney attrition rate at BVA is so high.

Do judges want to make a one page decision?

Some judges want very detailed decisions. Other judges want short one page decisions that are conclusory and contain very analysis. Attorneys who are assigned to the latter kind of judge, can crank out decisions much faster than other attorneys, by virtue of their judge’s personal preference.

Is it hard to be an attorney?

Most attorney jobs have parts that are difficult. That is true. But that doesn’t take away from the point of this thread which is to point out the particular difficulties of this job for those who are interested in knowing the details.

Do BVA attorneys do factory work?

Yes, BVA attorneys perform factory work, but so do a lot a attorneys. I’m sure that a huge percentage of legal work consists of boilerplate language and templates that the monkey, I mean attorney, can plug in. Most attorney jobs have parts that are difficult. That is true.