Pursuing your veteran benefits claim can often feel overwhelming due to the paperwork and lengthy processes. It is even more frustrating when your initial claim is unsuccessful and you have to appeal at the BVA (Board of Veterans’ Appeals) or further at the CAVC (Court of Appeals for Veterans Claims).
Appealing to these two bodies requires a deep understanding of VA regulations and procedures, making the help of a skilled VA attorney indispensable. If your VA benefits claim has been denied, having an experienced VA benefits lawyer to help you navigate appeal processes is prudent.
At Werner, Hoffman, Greig & Garcia, we understand the ins and outs of the VA process and are ready to help you with your claim. Contact us at (800) 320-HELP or by submitting this online contact form to get started.
Options Before Appealing to the BVA
Appealing at the Board of Veterans’ Appeals (BVA) is often the next step after a denied claim or if inaccuracies in the decision warrant further review. However, before deciing to file a BVA claim, there are crucial actions you can take to address errors or strengthen your case. These are:
Respond to Requests from the VA
The VA may deny a veteran’s initial benefits claim and request additional information in case of gaps or insufficient evidence to support your VA benefits application. In this case, you can respond to the VA’s request to correct such a denial by providing the necessary information.
Carefully review the denial letter to identify specific issues or missing evidence highlighted by the VA. Then, ensure that you submit the required information accurately and within the stipulated time frame.
Request a Higher-Level Review
If you are confident that the initial decision was made in error of VA regulations or that your evidence was wrongfully evaluated, you can pursue a Higher-Level Review.
A senior claims adjudicator examines potential errors in how the evidence or VA regulations were evaluated. This process does not permit the submission of new evidence as it focuses solely on the evidence already submitted.
Submit a Supplemental Claim
If the denial was due to missing or insufficient evidence, a supplemental claim is your chance to provide new and relevant evidence to support your case. The VA can assist you in gathering additional evidence during a supplemental review. This option is ideal if you have obtained new evidence to support your claim.
The Board of Veterans’ Appeals (BVA)
The Board of Veterans’ Appeals (BVA) is part of the Department of Veterans Affairs that handles VA appeals on decisions made by VA Regional Offices (ROs).
If you’re a veteran who has applied for benefits such as disability compensation, education assistance, or pension and you received a decision you’re dissatisfied with, you can appeal this decision to the BVA.
Common issues that end up at the BVA include disagreements over VA disability ratings, service connection denials, and effective dates for benefits. The BVA claims process involves a thorough review of the veteran’s records, medical evidence, submitted statements, and the prior decision issued by the VA regional office.
When Should You File a BVA Claim?
You’ll generally file a BVA claim if you’ve gone through the VA’s initial claims process and received a decision that you disagree with. Common reasons to file include:
- Denial of benefits: If the VA determines you’re ineligible for the requested benefits.
- Low disability rating: If you believe the assigned disability rating does not accurately reflect the severity of your condition.
- Disagreeing with an effective date: If the VA sets an effective date for benefits later than you think it should be.
To start the BVA appeal process, you must file a Notice of Disagreement (NOD) within one year of receiving their RO’s decision. It’s important to carefully consider all evidence and arguments before filing, as the BVA relies heavily on clear, well-documented appeals.
Appeal Options at the BVA
The Board of Veterans’ Appeals (BVA) offers several options tailored to meet the needs of veterans seeking appeals on their denied claims. Each option is designed to provide flexibility in addressing appeals while ensuring that veterans receive the review processes they require.
When filing an appeal, you have to choose your preferred option. These options include:
Direct Review
This option is for veterans who do not have additional evidence to submit and do not wish to have a hearing. A Veterans Law Judge reviews the appeal based on the previously submitted record. No new evidence or oral testimony is considered. Provides a quicker decision compared to other pathways due to its limited scope.
Evidence Submission
This is an ideal option when you want to add new evidence to support your case but you do not require a hearing. It offers an opportunity to strengthen a claim with additional supporting documentation.
Veterans have a 90-day window to submit supplemental evidence after filing the Notice of Disagreement. A judge then considers both the new and existing evidence when making a decision.
Hearing Request
Should you want to present your case directly to a judge through a hearing, then this is the best option. Be sure to prepare for your BVA hearing with your veteran disability benefits lawyer.
You can request either an in-person hearing, a virtual tele-hearing, or a hearing at local VA offices, depending on available resources. This also allows for the submission of additional evidence within a designated period.
After filing a notice of disagreement and choosing your preferred option, the BVA will review your appeal and make a decision. The timeline for a decision at the BVA depends on the backlog of cases and the type of review requested.
The U.S. Court of Appeals for Veterans Claims (CAVC)
Once your appeal is concluded at the BVA, but you still disagree with their decision, you can further appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). Unlike the BVA, the CAVC is a federal court that is distinct from the VA.
It provides judicial review of BVA decisions to ensure they comply with federal law. Judges at the CAVC focus on legal errors made by the BVA rather than re-evaluating all the evidence.
At this level, the legal disputes often concern whether the BVA misapplied VA regulations, ignored critical evidence, or failed its duty to assist the veteran in developing their VA disability claims.
The process requires a comprehensive understanding of VA regulations and procedures. It is also quite adversarial, as the VA will be disputing your claim that it made an error. Being represented by an experienced VA benefits attorney therefore increases the likelihood of a favorable outcome at the CAVC.
When Should You File a CAVC Claim?
You can file a CAVC appeal if there is evidence that the BVA made errors in its judgment, such as:
- Failing to consider key evidence: Critical medical or service records may have been overlooked.
- Misapplication of the law: The BVA may have misunderstood how statutes and regulations apply to your case.
- Lack of rationale in decisions: If the BVA’s decision lacks a clear basis or supporting documentation, it may warrant an appeal.
CAVC appeals must be filed within 120 days of the BVA decision date. This requires submitting a Notice of Appeal to the CAVC, after which the court determines whether there are sufficient grounds to assess your claim further.
It’s worth noting that the CAVC may either remand (send back) veterans’ claims to the BVA for reevaluation, reverse the decision, or uphold the BVA’s determination.
Ways a Florida VA Benefits Lawyer Can Contribute to BVA and CAVC Claims
Pursuing a BVA and CAVC claim can be intimidating. Veterans’ law is highly specialized, requiring in-depth familiarity with the VA’s policies, evidentiary standards, and procedural timelines. This is where the expertise of a Florida veterans benefits lawyer becomes invaluable.
A VA benefits attorney can assist with every aspect of appeals, including:
- Interpreting the VA’s decision to identify errors and establish grounds for appeal.
- Advising on the best type of review to select for your specific case.
- Gathering evidence and crafting compelling arguments to strengthen your appeal.
- Navigating complex legal requirements at the CAVC, including drafting briefs and presenting oral arguments if necessary.
- Managing the strict deadlines so that your appeal is not jeopardized.
Call a WHG VA Benefits Lawyer to Discuss BVA and CAVC Claims
At WHG, we understand how frustrating dealing with VA appeals can get. Our seasoned Florida veterans disability claims attorneys have successfully dealt with VA appeals for many veterans, and are ready to help you pursue yours too.
We will evaluate your claim, identify any errors, and help you comply with all requirements to present a strong appeal. Contact us immediately at (800) 320-HELP or submit this online contact form to get started.
Frequently Asked Questions
How long does the BVA appeals process take?
The time required for a BVA appeal depends on various factors, such as the backlog of cases and whether the appeal includes requests for hearings or additional evidence reviews. On average, the process may take between one and three years for the BVA to issue a veterans appeals decision.
What happens if I miss the filing deadline for a BVA or CAVC appeal?
Missing a filing deadline for either a BVA or CAVC appeal can result in losing your right to appeal. However, specific exceptions may exist under certain circumstances. Consulting a veterans claims lawyer as soon as possible can help determine available options for a late appeal.
What if my appeal is denied at the CAVC?
If the appeal is denied, you can appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC), depending on the circumstances. Our skilled veterans appeals lawyers can help you with the next steps.
