Board of Veterans’ Appeals | Requesting a Hearing

The Board of Veterans’ Appeals reviews VA decisions on disability compensation, providing veterans with the opportunity to dispute incorrect or unfair denials, rating reductions, and more. 

Summary

• Veterans may qualify for VA disability compensation if their condition impacts their quality of life, originated or worsened during service, and they were honorably discharged.
• Veterans have one year to appeal a VA claim denial by filing a notice of disagreement with the Board of Veterans’ Appeals.
• For denials post-February 19, 2019, veterans must use VA Form 10182 to request a Board review, according to the Appeals Modernization Act. Options include hearings, direct reviews, or new evidence submissions. Legacy claims follow older procedures.
• Hearings before a Veterans Law Judge allow veterans and their attorneys to present evidence and argue their case in person, via teleconference, or in Washington, D.C.

Obtaining benefits through Veterans Affairs (VA) disability compensation program can provide an essential portion of a former servicemember’s income. If you suffered an injury or chronic illness during your active duty service, you may be eligible to receive benefits.

However, most applicants receive denials for their claims due to a lack of service connection or if their injuries are not severe enough to warrant compensation. Still, the denial of a claim does not mean you are out of options.

All former servicemembers retain the right to challenge the VA’s decision through an appeal filed with the Board of Veterans’ Appeals, often by utilizing the help of a VA-accredited lawyer.

VetLaw’s team of attorneys can work to evaluate VA’s reason for issuing you a denial, file a notice of disagreement, and submit any additional information to the Board for review. You can reach us at (855) 731-2807 or file a contact form to schedule a free consultation with our team.

Reasons for a Denial

Proving entitlement to service connection and obtaining benefits through the VA’s disability compensation program can be a complex and difficult task. There is a specific set of elements that an applicant must prove in order for the VA to approve compensation.

Failure to prove any of the following elements could result in a denial:

• Their condition affects the applicant’s overall quality of life
• Their condition originated from or was worsened by active duty service
• The applicant was discharged from the military under honorable conditions

If a veteran does receive a denial from the VA, they have one year to file an appeal. The most effective way to pursue an appeal is to send a request to the Board of Veterans’ Appeals. A skilled VA disability lawyer can evaluate your circumstances and recommend viable next steps to keep a case moving forward.

Requesting Review from the Board of Veterans’ Appeals

Filing a notice of disagreement and requesting review by the Board of Veterans’ Appeals is often the best chance for former servicemembers to receive disability benefits through the VA appeals process.

However, a veteran must have a rating decision or other denial dated within the past year from their local VA office before the Board can review their case.

Under the Appeals Modernization Act, which applies to all denials issued on or after February 19, 2019, veterans may file a direct notice of disagreement on VA Form 10182, requesting review by the Board of Veterans’ Appeals. If the VA issued the decision prior to February 19, 2019, then the veteran must file a Legacy notice of disagreement with a local VA office first.

Opting for a Hearing in Front of a BVA Judge

An optional part of an appeal to the Board of Veterans’ Appeals is a request for a hearing before a Veterans Law Judge. These hearings can take place either in person or via teleconference at a local VA office. VA also provides the option for a veteran to travel to Washington, D.C. to appear directly in front of a judge.

These hearings give veterans and their legal counsel an opportunity to submit additional evidence as well as advocate for why they should receive benefits. We recommend that veterans considering this route review our guide on how to prepare for a Board of Veterans’ Appeals Hearing.

Ask an Attorney about Requesting a Hearing with the Board of Veterans’ Appeals

Receiving benefits after sustaining a service-related injury or illness can be vital to providing for yourself. Most veterans find that their best chance for success involves requesting a hearing before the Board of Veterans’ Appeals.

Every veteran who receives a denial for benefits has the right to ask the Board of Veterans’ Appeals to consider their case, so long as they file an appeal within a timely manner.

A VA-accredited lawyer from VetLaw’s team can help you keep your case moving forward, complete necessary paperwork, discover new evidence, and advocate for your needs before a judge.

Reach out to our firm today to schedule an appointment by calling (855) 731-2807 or filling out an online contact form. We look forward to assisting you with your VA disability benefits claim denial.

Frequently Asked Questions

How many veterans are successful in their Board of Veterans’ Appeals cases?

In 2022, the most recent year of complete data on BVA actions, the BVA allowed benefits in 6,695 AMA appeals. That represents about 28% of the AMA appeals the BVA decided that year. As for Legacy appeals, the BVA allowed benefits in 13,730 cases. Those claims account for approximately 19% of BVA decisions for Legacy appeals in 2022.

These rates have remained fairly consistent since 2019, for both types of appeals. The VA says that the higher success rate for veterans with AMA appeals speaks to the improvements of the Appeals Modernization Act system.

Which type of BVA appeal path do most veterans choose?

The Board of Veterans’ Appeals offers three options for veterans to choose from: submitting new evidence, a direct review, or a hearing. Based on data from 2019 to 2023, hearings and direct reviews were the most popular choices for BVA AMA appeals.

About 41% of veterans chose BVA hearings, 40% requested direct reviews, and the remaining 19% filed additional evidence for BVA consideration. As of 2023, there has been a slight increase in the proportion of BVA direct review requests and a corresponding decrease in the percentage of BVA hearing requests.

What happens to my claim if I don’t appeal a VA denial within a year?

In most cases, there is a 1 year deadline to appeal a BVA decision on a veterans disability benefits claim. Veterans who don’t appeal the ruling within this window generally must submit new and relevant evidence to reopen their claim.

It’s better to avoid letting this deadline expire and work with a VA disability appeals lawyer to continue pursuing compensation.

What order does the Board of Veterans’ Appeals decide cases in?

The BVA assesses cases based on the order they were filed in, with a few exceptions. For example, veterans experiencing homelessness, coping with a terminal health diagnosis, or those over 85 may receive priority processing from the VA.

Additionally, if the Court of Appeals for Veterans Claims, which is a higher judicial authority than the BVA, remands a case, the BVA may process that VA claim appeal sooner. Otherwise, the BVA is obligated to proceed with reviewing claims in the order they appear on the docket to avoid bias or favoritism.

Therefore, it is important to file your appeal with the Board of Veterans’ Appeals in a timely manner to receive a decision as soon as possible. A veteran disability benefits denial attorney can assist you with preparing for a BVA appeal to keep your claim on track.