We Represent Veterans Nationwide. Here Are Reviews From Just a Few Of Our Satisfied Clients:
Board of Veterans' Appeals (BVA)
Disabled Veteran? You're Likely Entitled to Financial Compensation from the VA.
Many Veterans Find Their VA Disability Application to Be Denied, and, if That Happens, You May Find Yourself Facing Quite the Uphill Battle.
As a disabled Veteran, due to the heroic and selfless sacrifice you made for our country, you’re more than likely entitled to compensation from the Department of Veterans Affairs.
Sadly, many Veterans find that their disability application is routinely denied, and when that happens, they will find themselves facing the incredibly difficult journey which is the appeals process.
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What is a BVA Hearing?
The Board of Veterans’ Appeals (BVA) is a division separate from the Veterans Benefits Administration.
The BVA reviews appeals filed for denied VA benefits applications.
They hold hearing and review evidence about the case and actively work to determine if the Veteran is entitled to disability compensation.
An appeal begins with your local VBA Regional Office. If they deny your case again, or, if you’d like it to be reviewed by a higher court, you can appeal to the BVA.
The Board of Veterans’ Appeals has several Veteran Law Judges who will preside over these BVA hearings, and these judges review case files before any hearing takes place, so they can properly summarize the issue(s) being appealed – they can also review any applicable evidence you submit beforehand.
There are three ways in which you can attend a BVA hearing:
• At Your Local VBA Office.
• In Washington, D.C.
• Via a Videoconferencing Tool (e.g., Zoom).
• You can use the VA Video Connect app for your hearing and other medical appointments. Unfortunately, this app is only available on iPhones as of now.
So, if you’re a Veteran who is unfortunately living with a disability that makes travel costly and difficult, you can still appeal your case and get the compensation that you rightly deserve.
Furthermore, each year, the BVA visits every regional office in the United States. They’ll set up shop and stay in each place for typically five days so they can hold hearings for Veterans in that region.
While this does seem like a great idea, the key downside to this is that you’ll find yourself waiting quite a long time to have your case heard, as the travel board will only be in town once every twelve months.
(Please Note: If you do plan to go this route, it’s important to make sure that you show up at your local BVA office early on the first day of the local hearings. Many hearings will be booked for each time slot, and they’re heard on a first come, first-serve basis.)
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Obtaining a Copy of Your Claims File
Before your BVA hearing, it’s crucial that you obtain a copy of your claims file, more commonly known as your C-file and thoroughly review it with your attorney.
We’ve heard on many occasions the BVA has accidentally mixed-up files, and worse, often a Veteran will receive a decision that was made based upon someone else’s claims file.
To properly obtain a copy of your C-file, you must apply to your VA Regional Office. You must submit VA Form 3288 – click here to download a copy of that form.
(Please Note: This request can take several months to complete, so it’s best to make sure that you get ahead of the process and submit your form well in advance.)
Before Your BVA Hearing
There are a few key things that must take place before your BVA hearing – keep reading below to help yourself become properly prepared:
• Prepare Your Statement: It’s essential that you and your attorney work to put together a well-versed statement that can clearly outline and show not only your condition and eligibility for VA compensation.
There are three necessary pillars that need to be proven within your statement:
• Diagnosis.
• Corresponding Incident.
• Medical Nexus Connection.
• Submitting Evidence Before the Hearing: Before your case goes before the BVA, you’ll have the chance to submit evidence for the judge to review.
You’ll need to submit any evidence you want to include well in advance, giving the judge the necessary amount of time to review it.
It’s important to make sure that you’ve gathered all evidence you believe to be key for the first time you submit to the BVA.
Although you can add in new evidence, the judge will need time to review it.
This will extend the amount of time that it takes to reach a decision, thus extending the amount of time that you’re without compensation.
• Pre-Conference Hearing: Before your BVA hearing, you’ll also take part in a pre-conference hearing that’s made up of yourself, the presiding judge, and your attorney.
This conference is informal and considered to be ‘off-the-record’.
This is a tool set up to help make sure the hearing goes as smoothly as possible for all parties involved.
During this time, you, your attorney, and the judge will review the specific issues that will be discussed in your case.
Submitting Evidence After the Hearing
You’re able to submit evidence after your hearing is over, if needed.
The judge who presided over the case may discover during the actual hearing that they feel added pieces of evidence are needed to further reach an outcome.
This can be inclusive of something like a new medical opinion if the judge doesn’t feel as if the source of your diagnosis is trustworthy or correct.
If the judge requests added evidence, you’re able to ask them to hold off on issuing a decision while you take a brief period to gather the necessary evidence – this is referred to as holding the record open.
Often, the period that the BVA will hold a record open is 60 days (about 2 months) or less – so you’ll need to get after it quite quickly.
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If you, or someone you love, is having a tough time with the Department of Veterans Affairs and claiming the benefits needed to sustain a comfortable quality of life, do not wait another minute – contact us today! We are always available by phone at (866) 866-VETS.
Our firm works on contingency, so there are no fees whatsoever unless we win your claim for benefits.
We are accredited to stand for you anywhere within the United States, so even if you cannot make it to one of our many offices, we can still help you along the way.
Once We've Received Your Submission, We Will Reach Out To You. Thanks!
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Frequently Asked Questions
How Much Does It Cost To Hire You?
It does not cost you anything to hire our Veterans Benefits Law Firm as your attorneys. Our firm works on a contingency fee basis, which means you do not owe us anything unless we win you an award. Our firm charges 20%, which is deducted by the VA from your lump sum payment for retroactive benefits.
How Long Will It Take To Appeal My Benefits Denial?
While it can take six months or more for a Veteran to receive a decision on his or her initial benefits claim from the Department of Veterans Affairs, appeals could take 2 years of more. The Department of Veterans Affairs lacks the funding to properly staff and process benefits applications. The number of applications from recently returning Veterans must be dealt with while the Department of Veterans Affairs continues to actively work towards providing services to prior generations of Veterans.
How Do I Increase My Disability Rating?
Great question! If the condition that you are actively receiving disability benefits for has now ultimately worsened over time, you can file an increased rating claim. It’s fairly simple, and it involves filing out an online claim form or mailing a letter to your regional office documenting the change in your condition.
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All communication with the Department of Veterans Affairs can be conducted remotely; personal appearances are not required.
Our law firm is accredited by the Department of Veterans Affairs to assist Veterans anywhere across the United States.
Furthermore, our clients do not need to go to a physical location or visit an office to receive our help. If there are any medical visits that are applicable to your claim, you can be seen at a facility that is close to your home. So, no matter where you are, if you need help, we’re here to fight for you the same way that you bravely fought to protect us.
Call us now! (866) 866-VETS.
