How to Prepare for Your Board of Veterans’ Appeals Hearing

Be ready to discuss your case, respond to questions, and offer evidence so you can be an active and informed participant in your Board of Veterans’ Appeals Hearing.

Summary

• Veterans should take advantage of the time before their Board of Veterans’ Appeals hearing to get ready to present a strong case.
• Vets need to make it a priority to attend their Board of Veterans’ Appeals hearing; have a plan for travel arrangements and delegate other responsibilities.
• Collaborate with your VA disability benefits attorney and review your case until you are confident discussing its major aspects.
• Organize any new evidence you want to use to make your argument for VA disability benefits to the BVA judge
• Veterans should anticipate questions from the BVA judge and practice their responses with their veterans disability claims attorney to ensure a fair assessment of their appeal.

In recent years, the VA has made strides to deal with the backlog of Board of Veterans’ Appeals hearing requests and address new cases in a more timely manner. However, many veterans still wait a considerable amount of time to be granted a Board of Veterans’ Appeals (BVA) hearing.

That’s why it is important to be ready to act when you receive a date for your Board of Veterans’ Appeals hearing. At VetLaw, we are highly qualified to offer you legal support throughout the VA disability appeals process, including representing your case in a BVA hearing.

Contact our team of VA-accredited veterans disability appeals lawyers at (855) 651-1522 or fill out our online form.

Make Arrangements in Advance to Attend Your Board of Veterans’ Appeals Hearing

The VA will notify you of the date of your Board of Veterans’ Appeals hearing at least 30 days prior. That gives you time to plan how you will attend your BVA hearing based on your schedule, access to transportation, and personal responsibilities.

The Board of Veterans’ Appeals (BVA) offers three different venue options so that appealing to a Veterans Law Judge is as accessible as possible. Each comes with its own logistical obstacles. Veterans can choose from the following formats for their Board of Veterans’ Appeals hearing under the Legacy appeals system:

• A virtual hearing hosted at your local VA Regional Office
• An in-person hearing with a Board of Veterans’ Appeals judge who travels to your local VA Regional Office
• An in-person hearing located at the Veteran Affairs building in Washington, D.C.

For veterans who are applying under the new Appeals Modernization Act, Board of Veterans’ Appeals hearings are video conferences by default.

While you may not be able to plan months ahead of your Board of Veterans’ Appeals hearing, waiting until the last minute to arrange childcare, request time off from work, or book a plane ticket adds unnecessary stress to the process and may interfere with your ability to attend.

Carefully Review the Details of Your Case With Your Veterans Appeals Lawyer

You’ll likely be asked to provide testimony at your Board of Veterans’ Appeals hearing, so it’s a good idea to be comfortable talking about your VA disability claim. Make sure that you are well–versed on the key points of your case, but remember that your veterans disability appeals attorney is there to advocate for you, as well.

You should be able to discuss why you believe you meet the eligibility requirements for VA disability benefits. If your VA disability claim is unusual in some way, like if you need an extra-schedular rating, be ready to cite evidence from your case to support your position.

Being informed about your appeal makes you appear more credible and shows that you are taking your claim seriously. Your VA disability benefits lawyer can still take the lead in presenting your case in your Board of Veterans’ Appeals hearing or jump in if you’re struggling. 

Compile Any New Evidence You Want to Present to the Judge

At your Board of Veterans’ Appeals hearing, you will have the opportunity to offer new evidence to support your case for VA disability benefits. You can also submit additional evidence prior to the BVA hearing, but you should accomplish this before you request the hearing. 

If you are interested in presenting new documentation like a medical nexus letter from a specialist, an updated service record, or a buddy letter to substantiate your veterans disability benefits claim, you want to have it on hand in an organized format for this meeting so all parties can easily reference it. 

Your VA disability claims attorney can assist you with preparing for the appeal, integrating this information into your case, and using it to justify appealing the VA’s original decision.

Note that you have another chance to provide evidence after your BVA hearing- the judge may even ask you to do so. You have 90 days to file further documentation for the BVA judge to consider.

Identify Questions the BVA Judge Will Likely Ask and Practice Your Answers With Your VA Benefits Attorney

The Board of Veterans’ Appeals judge will want to ensure that there is a legitimate reason to overturn the VA’s previous denial of your disability benefits claim. To do so, they may ask you questions to clarify details, add context, and make connections in your case.

Don’t be intimidated. The judge’s goal is to make a fair assessment of your appeal based on all the facts available, not confuse you with aggressive or convoluted questioning. An experienced veterans disability claims lawyer will be familiar with what the Board of Veterans’ Appeals would want to know.

They can help you by drafting questions and practicing your responses. You may also want to review common VA benefits terminology before your Board of Veterans’ Appeals hearing. This can help you follow along with the proceedings and feel more confident in answering any questions the BVA judge asks.

Call VetLaw for Help Getting Ready for Your Board of Veterans’ Appeals Hearing

Wait times for Board of Veterans’ Appeals hearings will likely increase given the expansion of the PACT Act and the burden that will be placed on the VA’s resources. We recommend that you use this time wisely.

Our team of experienced, VA-accredited veterans disability appeals attorneys can help you get ready to present your case to the Board of Veterans’ Appeals.

Vet Law has a proven record of securing great outcomes for veterans. Let us represent you in your Board of Veterans’ Appeals hearing to get you the VA disability benefits you deserve. Contact our team of veterans disability appeals lawyers at (855) 651-1522 or fill out our online form to schedule a free consultation.

Frequently Asked Questions

What can I do if the Board of Veterans’ Appeals denies my disability benefits appeal?

You still have recourse if a BVA judge does not rule in your favor regarding your appeal for disability benefits. Veterans have the right to appeal a Board of Veterans’ Appeals decision to the Board, or to the United States Court of Appeals for Veterans Claims (CAVC), which moderates the BVA.

Provided that your appeal of the BVA or CAVC ruling is based on a legal issue, you can pursue an appeal with the United States Court of Appeals for the Federal Circuit following the CAVC decision.

If you are still unsatisfied, your last resort would be the Supreme Court. One reason to appeal to the Federal Courts is because the adjudicators are civilians operating independently from the VA.

How long does a Board of Veterans’ Appeals hearing last?

Generally, a Board of Veterans’ Appeals hearing will take about 30 minutes. However, this is not a hard limit; if you need more time to explain your case or the judge has additional questions, then the hearing continues.

Can I reschedule my Board of Veterans’ Appeals hearing?

To keep up with the demand for BVA hearings, the VA imposes several requirements on veterans who want to reschedule their Board of Veterans’ Appeals hearings. The VA wants to avoid last-minute schedule changes or cancellations because this makes it difficult to find a replacement to fill your appointment time.

To reschedule your Board of Veterans’ Appeals hearing, you will need to mail a written request to the Board of Veterans’ Appeals in D.C. Additionally, you must offer a reason, or “good cause”, for why you can’t attend. Keep in mind that you need to provide the BVA with at least 2 weeks’ notice.