The Appeals Modernization Act (AMA), to which VFW was a significant contributor, has allowed for quicker appeals and more choices for veterans when appealing decisions of their regional office. Those options include direct review, evidence submission, and a hearing with a judge.
Choosing the right option is essential. An experienced veteran benefits attorney can help you decide the best action for your case.
Veteran Law Judges Hear Appeals.
When you file an appeal to the Board, you have a few options. You can have a hearing with a judge or have a judge review your case without a hearing.
At a hearing, you and your representative – if you have one – will tell the judge your side of the story. You can also add new evidence to your claim at a hearing. The judge will ask you questions, and all testimony will be recorded on a transcript. You will be adequately informed if a VA judge is reviewing your appeal.
When the judge finishes reviewing your case, they will issue a decision. The judge will either remand your claim or uphold the RO’s decision. If you disagree with the judge’s decision, you can continue to appeal to the Court of Appeals for Veterans Claims (CAVC). The CAVC is a federal court, and it will review your case to determine whether the judge made any legal errors.
Administrative Law Judges Hear Appeals.
When a veteran disagrees with a decision made by the office that originally handled their claim, they can file an appeal. Veterans Law Judges hear appeals and can result in the claim being approved or denied.
The Board of Veterans Appeals operates independently from the VA and comprises a Chairman, Vice Chairman, and a group of Veterans Law Judges. Unlike regular courts, the BVA doesn’t have a set number of judges, and its count varies depending on staffing needs at any given time.
After the VA receives a new NOD, it will send the appellant a Statement of the Case (SOC). The SOC explains the laws and evidence used to make the original decision. The appellant can choose one of three docket options: direct review, evidence docket, or hearing docket.
In a hearing review, the VA will schedule an in-person or virtual hearing between the appellant and their attorney, claims agent, or Veterans Service Officer. Witnesses are called and asked to testify under oath during the hearing.
Veterans Service Organizations Hear Appeals.
You can file a motion for reconsideration if you have new evidence to submit to your claim. The AOJ will consider the new evidence and make another decision on your appeal. However, this option can protract the appeals process.
If the AOJ overturns the original decision, the VA will notify you and your lawyer. Then, you can request a hearing before a Veterans Law Judge. You can choose to attend a hearing in person or via videoconference. You can present your new evidence at the hearing and explain why the original decision should be overturned. You can also ask the judge questions and argue your case. If the Board overturns the original decision, you will receive benefits. If the Board does not overturn the decision, you can request a higher-level review at the U.S. Court of Appeals for Veterans Claims.
The Board Hears Appeals.
The Board of Veterans Appeals is a body that reviews appeals of decisions made by regional VA offices. It comprises a chairman, vice chairman, and multiple Veterans Law Judges specializing in veterans law. The judges also have a team of support staff that assists them with reviewing claims.
Once the judges complete their review, they may grant or remand your claim. If your claim is granted, the judge will assign a rating decision and an effective date that your regional office must honor.
If your claim is remanded, the judges will ask for additional evidence before deciding. If you are appealing an adverse determination, this could mean significant delays in your appeals process.
