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Bva Appeals - Basic Info

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carlie

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This is a copy and paste from ebenefits.

1. How do I appeal to BVA?

In order to appeal to BVA, you must complete certain steps within designated time periods.

BVA’s How Do I Appeal? Pamphlet will guide you through these steps and the appeals process.

2. I do not have a representative helping me with my appeal. How do I find one?

Although it is not required, you may decide to be represented by an accredited Veterans Service Organization (VSO), attorney, or claims agent. To help you find one, VA has a searchable list of accredited representatives here. You may also find a contact list of VSOs online at: http://www.va.gov/vso. To choose any representative, you must execute a Power of Attorney and mail the completed form to BVA at: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

3. What is a Power of Attorney?

A Power of Attorney (POA) is an agreement that authorizes one person to act on behalf of another person. In the context of BVA proceedings, appellants often execute a POA with an accredited representative, such as a Veterans Service Organization (VSO), private attorney, or claims agent. This allows the representative, who is familiar with Veterans law and the VA claims/appeals process, to act on their behalf by submitting evidence and argument in support of the case. For a searchable list of accredited representatives, please click here.

You are not required to have a representative for any VA proceedings, to include BVA appeals, but if you would like one, you must submit a VA form that gives your designated representative the authority to act on your behalf. Click here to view and download the VA form to appoint a VSO, or click here for the VA form to appoint a non-VSO representative, such as a private attorney or claims agent. If you do decide to execute a POA, remember to submit the completed form to BVA by mail to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or by fax to (202) 565-4720.

4. Is a Power of Attorney required?

No. You can always represent yourself before VA, including in your appeal before BVA.

5. Do I need to have a BVA hearing?

No. BVA hearings are strictly optional in nature and are not required for a Veterans Law Judge to decide your appeal.

6. I have additional evidence to send to BVA. Where do I send it?

If you would like to send additional evidence or other correspondence to BVA, you may mail it to us at: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420 or fax it to (202) 565-4720. Please consider providing a waiver of initial consideration of any evidence you send.

7. What is a waiver of initial consideration of evidence by a local VA office?

By law, you have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with BVA and the evidence has been submitted directly to BVA. See 38 C.F.R. § 20.1304©. If you provide a waiver of this right, then you agree to let BVA consider the new evidence and issue a decision without your local VA office reviewing that evidence first. Alternatively, if you chose not to waive this right, BVA must then automatically remand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision. If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or fax to (202) 565-4720. You may also waive this right on the record at a BVA hearing, if you have one.

8. What is a docket number and how does it affect my appeal?

A docket number reserves your place in the line of cases to be decided by BVA. BVA assigns this number to your case based on the date VA received your substantive appeal to BVA (e.g., your VA Form 9). By law, BVA must consider appeals in the order in which they are entered on the docket.

9. Can I request that my appeal be advanced on BVA’s docket so it will be decided faster?

Yes. You may submit a request that BVA decide your appeal faster, and BVA has the authority to grant such a request in limited circumstances, to include if you are of advanced age (75 years or older), have financial hardship or a serious illness, or for other sufficient cause. See 38 C.F.R. § 20.900©. If you want to make a request to advance your case, you (or your representative, if you have one) must do so in writing, and you must include the following information: (1) identify the specific reason(s) why you seek advancement; (2) the name of the Veteran; (3) the name of the appellant, if other than the Veteran (i.e., a Veteran’s survivor, guardian, or fiduciary); and (4) the applicable VA file number. You (or your representative, if any) must send your written request to: Director, Management, Planning and Analysis (014), Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

10. What is a remand?

A remand from BVA to your local VA office sends your case back to that office with certain instructions for the office to follow. In any remanded case, BVA has made a determination that it cannot fully or fairly adjudicate your appeal until the local VA office performs the actions outlined in the remand instructions. BVA may remand a case for a variety of reasons. These can include: collecting additional information or records, providing a VA medical examination, or ensuring that the local VA office follows certain legal procedures that afford you due process. If any action is required on your part, you will be notified directly by mail. After your local VA office complies with the instructions, your appeal will be automatically returned to BVA.

11. My case has been transferred to another location (such as, the Regional Office (RO), Appeals Management Center (AMC), VA Medical Center (VAMC), VA Office of General Counsel (OGC), or National Cemetery Administration (NCA)). What happens now?

When BVA transfers your case to any of the above locations, it means that additional processing or other action must occur at that location. Accordingly, if you have questions about your case, please contact the specific location where your case has been transferred.

12. Can I appeal a decision made by BVA?

Yes. If you are not satisfied with a BVA decision on any or all issues that the Board allowed, denied, or dismissed, you have the following options, which are listed in no particular order of importance: appeal to the United States Court of Appeals for Veterans Claims (Court); file with the Board a motion for reconsideration of the decision; file with the Board a motion to vacate the decision; file with the Board a motion for revision of the decision based on clear and unmistakable error. For additional information and further details about these options, please consult the VA Form 4597 that accompanied the BVA decision on your case. Please also note that if the Board remanded an issue (or issues) in your case, that particular issue is not appealable because further action must be taken by the local VA office before BVA can issue a final, appealable, decision on that issue.

13. What is a BVA Ombudsman and what does an Ombudsman do?

A BVA Ombudsman is an employee of BVA who helps to answer questions that you may have about your case. To learn more about the Ombudsman and the services provided, click here. You may reach the BVA Status line at (800) 923-8387, Monday through Friday, from 9:00 a.m. to 5:00 p.m. (EST).

There are six basic phases of an appeal:

  • Appeal Pending: You have initiated an appeal, but at this point your case is still with the local VA office that made the decision on your case. If you have questions about your appeal, please contact that office or your representative, if you have one.
  • Administrative Case Processing: After BVA receives your case, it is processed and stored in a secure location until it is assigned to a Veterans Law Judge (VLJ) based on your docket number, which identifies your place in the line of cases to be decided by BVA.
  • With VSO:This indicates that your Veterans Service Organization (VSO) representative has your claims file for review.
  • With VLJ:This indicates that a Veterans Law Judge has your claims file and will take appropriate action on your appeal.
  • Pending Dispatch:This indicates that the Veterans Law Judge made a decision on your appeal, and that BVA will mail the decision to you soon.
  • Decision & Claims File Dispatch:This indicates that BVA mailed the decision to you (and your representative, if any) and transferred your case to another location. Please refer to your Appeal Detail screen for further information about the specific location of your case.

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Ok, I talked to my VSO, she says she is going to look into submitting my case for advancing the docket, because I suffer from a terminal illness (there is no cure and has a high mortality rate).. Most cases that are considered terminal are when a doctor says you only have a certain amount of time to live. My doctors were unable to give me a date, but I demonstrated that I do indeed suffer from a terminal illness and the medical records reflect so.

That I what I wanted to know, what type of medical conditions will get your case moved up on the docket. In other words cases in which the patient has a high chance of dying or becoming incapacitated before the case is heard at the BVA appeal level.

Yes, I will be put into another line, but my time is limited... I am in deep crap as far as health goes... I have been taken away and put into icu too many times, I have lied on the floor without the ability to ask for help...

I don't have the time to wait and wait..

btw, my vso says the the agent orange cases are farmed otu to other regional offices, and are supposed to be finsished around October..

I already read that in these forums, but my vso told me, without solicitation, that many disability cases have been on hold.

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Ok, I talked to my VSO, she says she is going to look into submitting my case for advancing the docket, because I suffer from a terminal illness (there is no cure and has a high mortality rate).. Most cases that are considered terminal are when a doctor says you only have a certain amount of time to live. My doctors were unable to give me a date, but I demonstrated that I do indeed suffer from a terminal illness and the medical records reflect so.

That I what I wanted to know, what type of medical conditions will get your case moved up on the docket. In other words cases in which the patient has a high chance of dying or becoming incapacitated before the case is heard at the BVA appeal level.

I don't think there is a specific list of illnesses they go by to advance

a claim on the docket due to a terminal illness.

Just having medical professionals write a statement/opinion that you actually

do have a terminal illness and are not doing well along with whatever the terminal illness

treatment and perhaps even medications are.

I did get a claim advanced several years ago - not at the BVA level but at the VARO level,

due to a diagnosis and exacerbated congestive heart failure (CHF) - 3rd level at that time.

Hope this helps a vet.

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My VSO seemed genuinely invested in bringing the claim into getting it moved up... and not just saying so to appease me... as sometimes I have felt that way, not because of peoppe not caring, but because they are overworked, overwhelmed and in a losing system that beats up everying..

I feel confident in moving forward.. and that I have a strong case of getting the docket moved up... I could have just stopped and said no more in the forums, but I would like to say while tired, and digging deep trying t o find the proper words for how this situation and getting this legal procedure done, the VSO feeels confident I have a strong case for being sick enough to be in this category. My VSO said soemthing about her going to speak to her 'advisor' (I guess she has someone higher up who pulls more strings that has more pull and understanding in the workings of the legalities and getting procedures done that take higher experience and knowledge).

I decided that instead of trying to say what I have and how it relates to being terminal, and how long i have to live, or how long people with my condition(s), it is better people that are interested look up the info on medical sites. I am unable to repeat what the surgeons and doctors told me over a long period of time during my long term care while an inpatient and outpatient al these years. Some people may find me to be a drama queen, but I sincerely an telling people up fron't at time I have been very close to death many times.

Thank you guys for listening. I appreciate being able to share info here and receive info.

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