Legal Definitions - Board of Veterans’ Appeals (BVA)

The Board of Veterans’ Appeals (BVA) is the highest administrative body within the U.S. Department of Veterans’ Affairs (VA) responsible for reviewing decisions made on veterans' benefit claims. Its purpose is to ensure that U.S. military veterans receive the benefits they are legally entitled to, such as disability compensation, medical care, or educational assistance.

When a veteran applies for benefits through a local VA office and disagrees with the initial decision, they have the option to appeal that decision to the BVA. The BVA acts as an independent review board, carefully examining the veteran's case to determine if the initial decision was correct under the law and evidence presented.

Veterans appealing to the BVA can choose from different review options:

• Direct Review: The BVA reviews the existing evidence and legal arguments without new submissions, looking for errors in the initial decision. This is often the fastest option.
• Evidence Submission: The veteran can submit new evidence to support their claim within a specific timeframe after filing the appeal.
• Hearing with a Veterans Law Judge: The veteran can present their case directly to a Veterans Law Judge, either virtually or in person, and also submit new evidence during this process.

Here are some examples of situations where the Board of Veterans’ Appeals might be involved:

• Example 1: Disability Rating Dispute

  After being honorably discharged, Sarah applied for disability compensation for a knee injury sustained during her service. The local VA office granted her a 10% disability rating. Sarah believes her condition is more severe and warrants a 30% rating, as it significantly impacts her daily life and ability to work. She decides to appeal to the BVA, choosing the Direct Review option, asking the BVA to re-evaluate the existing medical evidence and determine if the initial 10% rating was an error.

• Example 2: Denial of Specialized Medical Treatment

  David, a veteran with a service-connected neurological condition, was prescribed a specific, expensive therapy by his private doctor. The Veterans Health Administration (VHA) denied coverage for this therapy, stating it was not a standard treatment option within their guidelines. David believes this therapy is crucial for his quality of life and that the VHA's decision was incorrect given his unique circumstances. He appeals to the BVA, opting for the Evidence Submission path, where he provides additional letters from his neurologist explaining the necessity and effectiveness of the specialized treatment.

• Example 3: Educational Benefit Eligibility

  Maria, a veteran, applied for Post-9/11 GI Bill benefits to pursue a master's degree. Her application was denied by the Veterans Benefits Administration (VBA) due to an administrative error in calculating her active duty service time. Maria has documentation proving she met the service requirements. She appeals to the BVA, requesting a Hearing with a Veterans Law Judge to personally explain the discrepancy and present her service records, hoping the judge will overturn the VBA's denial and grant her the full educational benefits she earned.