Bva decisions pdf#

Although it is not required, a Veterans service organization, an agent, or an attorney may represent a claimant. The Board of Veterans’ Appeals makes decisions on appeals on behalf of the Secretary of Veterans Affairs.

Bva decisions pdf#

Go to and scroll down to the PDF on the “Veterans Appeals Process Briefing” for specific details on the appeals process.īOARD OF VETERANS’ APPEALS WHAT IS THE BOARD OF VETERANS’ APPEALS? There are 98 BVA judges and 67,000 Veterans waiting for hearings. The Hearing Docket is based on availability but typically takes over 365 days. The BVA judge will make a decision based on the hearing and the evidence submitted. Following the hearing, the claimant will have 90 days to submit new evidence. The claimant will be placed on a docket (waiting list) for a hearing before a judge by videoconference (or in DC). Hearing Docket – in this appeal, the claimant is requesting a hearing before a BVA judge. The Evidence Docket appeal will be adjudicated on average over 365 days. The BVA judge will consider the new evidence provided. The claimant has 90 days from the NOD to submit new evidence. The Direct Docket appeal will be adjudicated on average up to 365 days.Įvidence Docket – in this appeal, the claimant has new evidence for the BVA judge to consider. No new evidence may be submitted, and the BVA judge will review the same record and make a decision. The Higher Level Review goal is to be adjudicated within 125 days.Īppeal to Board of Veterans Appeals (BVA) (Notice of Disagreement – NOD) The appellate has three options under AMA with an appeal to the BVA:ĭirect Docket – in this appeal, the appellate believes that a mistake was made. HLR is a request for a review by a senior adjudicator based on a belief that a mistake was made, and no new evidence may be submitted. Higher Level Review (HLR) – this process does not allow the claimant to submit additional evidence and is based solely on the evidence already of record. The Supplemental Claim goal is to be adjudicated within 125 days. With the SC, there is a “duty-to-assist” and the VA will assist in the location of evidence in support of a claim. Supplemental Claim (SC) – this process allows the claimant to submit “new and relevant” evidence in support of the claimed issue.

Under the AMA, there are three distinct appellate review processes: Typical issues appealed are disability compensation, pension, education benefits, recovery of overpayments, reimbursement for unauthorized medical services, and denial of burial and memorial benefits.Ī claimant has a Limiting Date of 1-year from the date of Notification of a VA decision to pursue a course of action under the Appeals Modernization Act of 2017 (AMA). The AMA was signed into law and took effect on 19 February 2019. Veterans and other claimants for VA benefits have the right to appeal decisions made by a VA regional office, medical center, or National Cemetery Administration (NCA) office.