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Veterans Options when BVA denies claim
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broncovet
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.
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broncovet
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
broncovet
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 a
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