Board of Veterans’ Appeals

Veterans

The following information is taken from wikipedia.

A person who receives an injury or develops a medical condition while serving in the U.S. military is generally entitled to receive compensation based on the degree to which the injury affects things like the person’s mobility, future earning capacity, or quality of life.

A claimant seeking such benefits first files a claim with a Regional Office of the VA located near the claimant. When a claimant’s application for benefits has been denied by a Regional Office, an appeal can be made to the Board of Veterans’ Appeals (BVA or Board). 

The BVA is part of the Department of Veterans Affairs, located in Washington, DC, and makes the final determination on an appeal within the VA. These Board members make the ultimate conclusion on appeals within the VA. The BVA also employs staff attorneys that assist the Board members while preparing a decision for a claim, much like a clerk for a judge.

Decisions of the Board may be appealed to the United States Court of Appeals for Veterans Claims and from there to the United States Court of Appeals for the Federal Circuit.

Process of filing an appeal with the Board

The process of appealing an unfavorable decision consists of three (3) steps:

  1. First the veteran submits a Notice of Disagreement or NOD to the Veterans Benefits Administration (VBA) using VA Form 21-4138.
  2. The VBA subsequently sends the veteran (and his or her representative, such as a Veterans Service Officer and/or attorney), a Statement of the Case.
  3. After reviewing the VBA’s Statement of the Case, the veteran, usually via his or her attorney, claims agent, or Veterans Service Officer, files a formal notice of appeal (on VA Form 9, Appeal to Board of Veterans’ Appeals)  with the Board.

 

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