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Veterans Options when BVA denies claim

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broncovet

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This is gleaned from the Veterans Benefit Manual.

There are 5 possible options when the BOard denies: (Remands are not ripe for appeal, the Veteran must wait until the remand is implemented for appealate review)  

1.  Appeal to the Court of Veterans claims.   It must be done within 120 days and NO NEW EVIDENCE can be added.  The effective date, if claimant is awarded benefits, will be the date the VA received claim that led to decision on appeal.

 

2.  BVA MFR.  There is no time limit.  Evidence can not be added except for service records.  The effective date will be date VA received the claim that led to the MFR.

 

3.  Motion to vacate a BVA decision.  No time limit.   Regulations do not address whether new evidence can be added or not.  

 

4.  Filing a claim for revision of BVA decision for CUE.  No time limit

 

5.  Filing a reopened claim with the RO.  No time limit.  New evidence can be added.  Effective date is the date VA receives claim to reopen.  

     

Edited by broncovet
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A denial at the DRO level is the first step to a board decision.  However, you can Skip the DRO and simply go to the Board.  Personally, it does not make sense to skip the DRO to me, but others have a different opinion, and I do see their opinion also has validity.  

Probably the best is DRO with a hearing, because that will give you a chance to review the evidence before your claim makes the very long trip to the BVA which is taking on the order of 3-5 years, according to the BVA chairmans report.  The chair report explains in some detail how the BVA backlog is growing and it will get worse before it gets better.  

I dont have experience with "hearings" because I dont hear well, and am uncomfortable in a situation where its important that I hear/understand exactly what the speaker says.  

If the speaker has a strong voice, speaks clear and loud, and there is little or no background noise I can hear some of what they say.  This happens about 20 percent of the time for me.

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I elected to go right to the BVA my reasoning was that the RO looked at my case and denied it why would I want to send it back to them again?

Some of the posters on Hadit have had great results with informal DRO reviews.

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