Veterans Appeals Improvement and Modernization Act of 2017 Blog Series: Part 2: Dockets at the Board of Veterans’ Appeals and Advancement on the Docket

Veterans Appeals Improvement and Modernization Act of 2017- Part 2

As mentioned, in Part 1 of this series of blog posts on the Veterans Appeals Improvement and Modernization Act of 2017, this blog will discuss two topics; Dockets at the Board of Veterans’ Appeals and Advancement on the Docket.

If the bill is passed into law, there will be two separate dockets maintained at the Board of Veterans Appeals (BVA), absent justification for an additional docket as reported to Congress directly. The cases will be split accordingly:

  1. Cases that request a hearing.
  2. We suspect that cases that request no hearing but the opportunity to submit additional evidence will be placed in the same docket as those requesting hearings.
  3. Cases that request no hearing and no opportunity to submit additional evidence.

Traditionally, the BVA would advance a case on the docket if the Veteran was in severe financial hardship, was 75 years or older, was terminally ill or “for other sufficient cause shown.” The new process would be similar but has a few noteworthy differences. There is no longer an option for advancement if the Veteran is of “advancing age.” Motions for advancement on the docket will only be considered if they meet one of the following:

  1. The case involves interpretation of law of general application affecting other claims; or
    1. Example: If your claim for benefits has the possibility of affecting case law or other veteran’s claims.
  2. Appellant is seriously (terminally) ill or is under severe financial hardship; or
  3. For other sufficient cause shown.

Over the next few weeks Marcari, Russotto, Spencer & Balaban will continue to release a series of blogs explaining the Veterans Appeals Improvement and Modernization Act of 2017 and how it will affect veterans. Our Veterans Disability Benefits Attorneys believe it is important to keep veterans informed of their rights. If you need assistance appealing your Veterans Disability Benefits Claim, contact us online or give us a call 866-866-8387.

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