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Simple English definitions for legal terms
Board of Veterans’ Appeals (BVA)
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A quick definition of Board of Veterans’ Appeals (BVA):
The Board of Veterans’ Appeals (BVA) is a group that helps veterans get benefits from the government. Veterans can apply for benefits through the Veterans Benefits Administration or the Veterans Health Administration. If they don't agree with the decision, they can appeal to the BVA. There are three ways to appeal: Direct Review, Evidence Submission, or Hearing with a Veterans Law Judge. If the BVA says no, veterans can appeal to the U.S. Court of Appeals for Veterans Claims. If a veteran filed an appeal before February 19th, 2019, they can choose to follow the old process or the new one.
A more thorough explanation:
The Board of Veterans’ Appeals (BVA) is a group that decides on appeals made by U.S. military veterans who are seeking benefits from the U.S. Department of Veterans’ Affairs (VA). These benefits can include disability compensation, medical benefits, or military pensions. The BVA is part of the VA and is authorized by U.S.C. 38 Chapter 71.
When a veteran applies for benefits, they first go to their local VA agency, such as the Veterans Benefits Administration or the Veterans Health Administration. If the veteran disagrees with the initial decision made by the local VA agency, they have one year to pursue one of three possible decision review options:
- Filing a supplemental claim via VA form 20-0995
- Filing for higher level review via VA form 20-0996
- Appealing to the Board of Veteran Appeals via VA Form 10182
If a veteran decides to appeal to the BVA, they have three options regarding how the BVA will review their case:
- Direct Review: The BVA will reconsider the evidence already submitted and look for mistakes of law/fact the local VA agency may have made. No new evidence is submitted, so Direct Review is the fastest form of appealing to the Board of Veteran Appeals.
- Evidence Submission: A party pursuing evidence submission is allowed to provide additional evidence to support their case for benefits for up to 90 days after filing an appeal. If a party selects Evidence submission, the BVA will not reconsider evidence already provided to the local VA agency.
- Hearing with a Veterans Law Judge: A party who selects a hearing with a law judge has the opportunity to make their case directly to the BVA rather than through written documents. Choosing a hearing allows a party to submit additional evidence. Hearings are offered in both virtual and physical formats.
If the BVA denies the veterans’ claims, then the veteran may appeal further to the U.S. Court of Appeals for Veterans Claims.
For example, if a veteran applies for disability compensation and is denied by their local VA agency, they can appeal to the BVA using one of the three decision review options. If they choose to have a hearing with a Veterans Law Judge, they can present their case in person and submit additional evidence to support their claim.