How to prepare for the VA Board of Veterans Appeals process

FINAL-FOR THE VETERAN OF THE VETERAN SHARE OF THE DAY

So you’ve submitted your appeal to the BVA, or VA Board of Veteran’s Appeals, and now the part that Tom Petty thought was the hardest…

The waiting.

After receiving the docket stating your appeal had been received there had previously been an average waiting period of 270 days before your case was called, and then it could take 3-4 years to receive your decision.

However, since the VA reform titled the Appeals Modernization Act was instituted earlier this year, in February 2019, reports are that the waiting periods have substantially shortened. As of June 1st, the average process has been shortened to only 36 days.

(Almost makes you wonder what was taking all that time before…)

Under the new system, veterans have one year to appeal an unfavorable decision by filing a Notice of Disagreement to the BVA.

During the time of the previous appeals system, veterans who filed an appeal were required to overcome many different hurdles such as filing additional forms and undergoing additional VA processing. Now those additional steps have been removed. Appeals now go directly to the Board, which the VA is hoping will prevent a backlog of claims while also significantly decreasing the veterans’ amount of wait time when it comes to getting a decision.

And so far, results are very promising.

However, whether or not the reforms are successful, there is still a waiting time. So what should you do while waiting to hear back?
Preparing for Your BVA Decision

The choices you should make during your waiting period will depend on which one of the following four options you chose when filling out your VA Form 9:

No hearing. Choosing this option means you are deciding to send a letter to the Board which will deliver the same message you would have brought to a hearing.
Videoconference Hearing at Local VA Office. This option requires you visiting the nearest VA Office. Often this will put you on the schedule more quickly than an in-person hearing.
In-Person Hearing at Local VA Office. Often this will delay your hearing further, as a judge must be scheduled for travel to the office.
In-Person Hearing at the Board in Washington, D.C. As you can imagine, despite the chance of possibly having a hearing scheduled quickly, there might be travel and other obstacles involved to make this happen if you do not live nearby.

If you selected the option to forego a hearing, then there is not much to do while waiting. Simply make sure your letter and appeal have all the evidence you believe will be needed to get a favorable review. Take the proper time to do it correctly.

For those who requested a hearing, the time between your filing of the claim and the date of your hearing is the time to prepare.

While it is likely you already submitted evidence with your appeal, it is recommended that you continue to look for more evidence to bring along with you to the hearing. Presenting additional evidence in-person is recommended instead of mailing it in. As with any case, the more evidence submitted the more likely the chances of a favorable review.

This is also a time where you may want to take the time to consider what questions you may be asked by the Board that are relevant to your situation. The more effectively you can communicate your reasons for appeal the more likely the board is to see things from your point of view.

If you feel like you are unable to prepare in a way that gives you confidence in your appeal, you may want to take this time to consider seeking legal counsel. This is not recommended for everyone, for many will not need it. But there are cases where it may be helpful, and the cost may well be worth the long-term benefits the help of a legal expert can provide to help you gain a favorable review.

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