The VA appeals process can be challenging and confusing, especially if you feel the Board of Veterans’ Appeals (BVA) didn’t look closely enough at your case. Veterans who find themselves in this situation have the option for further review and possibly get the benefits they deserve. Here’s a clear guide to the steps involved in appealing a BVA decision.
1. Understand the Decision
The first step in any appeal is to carefully review the decision letter from the BVA. This letter outlines the reasoning behind the board’s decision, including any evidence or legal standards they used as a reason to deny or limit your benefits. Make sure to read through this document to identify these reasons and determine whether or not you think they used fair reasoning. Consulting a legal professional during this step can make a difference in understanding what went wrong in the BVA’s decision-making.
2. Decide on the Next Step
After reviewing the decision, depending on what you determined from the decision. Veterans have a few options for appealing a BVA decision:
- Request for Reconsideration: If you believe the Board made an error in its interpretation of the facts or law, you can request a reconsideration.
- Appeal to the U.S. Court of Appeals for Veterans Claims (CAVC): This allows you to take your appeal to a federal court, where judges will review the BVA’s decision.
- File a Supplemental Claim: If you have new evidence that wasn’t available at the time of your original claim, you can file a supplemental claim, which asks the VA to reconsider the decision based on this new information.
3. File a Notice of Appeal
If you decide to move forward with the CAVC, you’ll need to file a Notice of Appeal within 120 days from the date of the BVA decision. Missing this deadline could limit your options, so it’s crucial to file promptly. Once you file, the court will review the BVA’s decision for any potential legal errors.
4. Submit Relevant Evidence and Arguments
For appeals at the CAVC level, the court won’t consider new evidence but instead focuses on whether the BVA made a mistake in its decision. In this case, you will need to present a well-supported argument that points out any legal or procedural errors the Board may have made. On the other hand, if you’re filing a Supplemental Claim with the VA, you’ll need to submit new, relevant evidence that wasn’t available at the time of the initial claim.
5. Be Patient with the Process
Appeals can take time, especially at the federal court level. This may be a frustrating time, but it is important to keep involved and responsive to any updates from your legal representative or the court can help keep your appeal moving forward. While waiting for a response, it is highly recommended to maintain contact with the attorneys or advocates assisting you.
6. Seek Legal Help if Needed
The appeals process can be complex and hard to navigate alone. Veterans who have legal representation often experience better outcomes. A knowledgeable advocate can guide you through the paperwork, deadlines, and specific legal arguments that can strengthen your appeal. At Coskrey Law, we’re dedicated to helping veterans make their cases with confidence and clarity.
If you’re considering an appeal and want someone in your corner, don’t hesitate to reach out. With the right support, you can navigate this process more smoothly and work toward securing the benefits you’ve earned.