Board of Veterans’ Appeals (BVA) hearing | Veterans Affairs (2024)

Find out what happens at a Board of Veterans’ Appeals hearing—and how to request one if you want a Veterans Law Judge to discuss your appeal.

The process for Board hearings has changed

If you’re using VA Form 9 to appeal a VA decision you received before February 19, 2019, you're on the right page.

If you're appealing a VA decision under the new process, go to Board Hearings with a Veterans Law Judge.

You’ll follow the new process if you’re:

  • Appealing a VA decision you received on or after February 19, 2019
  • Opting into the new process using VA Form 10182

Why might I want a Board hearing?

You might want a Board hearing if you think it’ll help support your appeal to discuss your case with a judge.

Do I have to have a Board hearing?

No. Board hearings are always optional.

Learn more about Board hearings:

Schedule your Board hearing
Prepare for your Board hearing
Find out what to expect at your Board hearing

Schedule your Board hearing

How do I request a Board hearing?

You can request a Board hearing when you fill out your VA Form 9.

The form will ask you to choose 1 of these 4 options:

  • No hearing. If you choose this option, you can send a letter to the Board that delivers the same message as what you would have said at a hearing.
  • A videoconference hearing at your local VA office. This takes place at your local VA office (or another facility close to you). VA can usually schedule video hearings sooner than in-person hearings.
  • An in-person hearing at your local VA office. This can sometimes delay your hearing, because judges have to be scheduled to travel to your local VA office.
  • An in-person hearing at the Board in Washington, DC.

Download VA Form 9 (PDF)

Or you can contact your Veterans Service Organization at any time during the appeals process to get help with requesting a hearing.
Find a Veterans Service Organization

How will I know when my hearing is scheduled?

You’ll receive a notice in the mail at least 30 days before your hearing is scheduled.

What if I need to reschedule my hearing?

Send a written request to reschedule your hearing at least 2 weeks before your scheduled hearing. Include your name and the VA file number for your claim.

Mail your request to:

Board of Veterans’ Appeals
PO Box 27063
Washington, DC 20038

You’ll need to file a motion explaining why you have “good cause” for rescheduling any of these types of hearings:

  • An in-person hearing at the Board in Washington, DC, that’s less than 2 weeks away, or
  • An in-person hearing at the Board in Washington, DC, if you’ve already rescheduled your hearing before, or
  • An in-person hearing at your local VA regional office (called a Travel Board hearing), or
  • A video hearing

Examples of “good cause” might be if you, your representative, or a witness are sick, or if you’ve had trouble getting the records you need to support your appeal.

A judge will review your request and decide if the hearing can be rescheduled. You’ll get a copy of the decision about rescheduling your hearing in the mail. If VA can reschedule your hearing, you’ll receive a notice at least 30 days before the new hearing date.

What if I need to cancel my hearing?

Send a written request to cancel your hearing at least 2 weeks before your scheduled hearing. Include your name, the VA file number for your claim, and the reason you’re canceling.

Mail your request to:

Board of Veterans’ Appeals
PO Box 27063
Washington, DC 20038

Prepare for your Board hearing

What new evidence should I bring to my hearing?

If you’ve already submitted evidence, the judge will be able to review it on their computer, and it’s not necessary to bring it to your hearing. But you should bring any new evidence with you. Once you’ve received your hearing schedule notice, it’s better to bring new evidence to your hearing rather than mailing it.

Can I get help preparing for my hearing?

Yes. You can get a representative to help you prepare for the hearing and present your information to the judge. This person may be a lawyer, a claims agent, or someone from a Veterans Service Organization (VSO).

Get help from a representative

Find out what to expect at your Board hearing

What will happen at my hearing?

To start, the Veterans Law Judge will ask you to take an oath that you’ll tell the truth during the hearing.

You’ll then:

  • Tell the judge why you think you qualify for the VA benefits in your claim
  • Answer any questions the judge may have about your appeal
  • Give the judge any new evidence you may have

You and the judge will have a conversation. The judge may ask you a few questions, but it won’t be like a cross-examination. The judge will let you know if there’s anything that might help you qualify for the VA benefits in your claim, like getting a VA medical exam. Your representative, if you have one, may help you at the hearing.

How long will the hearing take?

It depends. Most hearings take less than 30 minutes. But your hearing will last as long as you need to discuss your appeal with the judge.

Will the judge make a decision on my appeal at the hearing?

No. The Board reviews cases in the order they’re received. The judge will begin work on your appeal when it’s among the oldest appeals ready for their review.

The Board will create a transcript of your hearing and add this to your appeal file. The Board will ask if you’d like a copy of the transcript for your personal records. The judge will review the hearing transcript along with all the other evidence in your file when they make a decision on your appeal.

Last updated:

Board of Veterans’ Appeals (BVA) hearing | Veterans Affairs (2024)

FAQs

How long does it take for the BVA to make a decision on a appeal? ›

It depends. The Veterans Benefits Administration usually takes 12 to 18 months to review appeals and decide whether to grant some or all of the appeal. When you request a review from a Veterans Law Judge at the Board of Veterans' Appeals, it could take 5 to 7 years for you to get a decision.

What are the chances of winning an appeal with the VA? ›

After filing an application for benefits, you will receive a decision from the VA. You then have several options for filing an appeal. The typical success rate for these appeals ranges from 34 to 38%, with slightly higher numbers for people who have legal representation for the veterans disability appeals process.

What to expect at my BVA hearing? ›

Find out what to expect at your Board hearing

To start, the Veterans Law Judge will ask you to take an oath that you'll tell the truth during the hearing. You'll then: Tell the judge why you think you qualify for the VA benefits in your claim. Answer any questions the judge may have about your appeal.

How to win a VA hearing? ›

Five Steps That Veterans Can Take to Help Their Chances of Winning a VA Appeal
  1. Consult With a VA Accredited Lawyer to Determine the Best Course of Action. ...
  2. Don't Underestimate the Importance of a Lay Statement. ...
  3. Get a Buddy Statement. ...
  4. Account for Any Secondary Service Connections. ...
  5. Establish a Strong Service Connection.

Is the BVA decision final? ›

If you're not fully satisfied with the decision, there are multiple options to appeal the decision. Any Board decision may be appealed to the United States Court of Appeals for Veterans Claims (CAVC). Note that this should be done within 120 days from the date of the BVA decision.

What is the success rate of higher level review? ›

What is the Higher Level Review Success Rate? While there is no published “success rate” for Higher Level Reviews, in my experience, I'd estimate a 50% success rate. That means one in two veterans will get a successful VA higher level review decision.

Is a remand from BVA a good thing? ›

“Remand” is a legal term that means a superior court is sending an appeal back to a lower court for another look. A remand means that the BVA is sending your case back to the regional VA office for additional development. With your appeal as presented, the BVA believes it cannot make a full or fair determination.

How does the VA verify tinnitus? ›

Medical records — This helps to establish the official lack of tinnitus beforehand and presence after. Medical opinions — An expert that can confirm probability of tinnitus being service connected. Doctor's statements — Can establish when the veteran began complaining of tinnitus symptoms and if treatment was received.

What is the 70-40 rule for VA disability? ›

To be eligible for schedular TDIU benefits, a veteran must have either: a single service-connected condition with a rating of at least 60 percent; or. (the 70/40 rule) at least two service-connected conditions with a combined rating of at least 70 percent, with at least one of the conditions rated 40 percent or higher.

What is the easiest VA claim to win? ›

What Are the Easiest VA Disability Claims to Win?
  • Tinnitus.
  • Limited Knee Mobility and Pain.
  • Sciatica.
  • Hearing Loss.
  • Cervical Strain.
  • PTSD.
  • Limited Arm Mobility and Pain.
  • Limited Ankle Mobility and Pain.

What are the three things to win the VA claim? ›

For a veteran to establish a service-connected disability, a viable claim must include these three elements:
  • Current Diagnosis. • Chronic physical or mental disability. ...
  • Documented Event In Service. • Eligible periods of service. ...
  • A Link Between the Two.

How do I check the status of my BVA appeal? ›

You can find the status of your appeal from the “Check your claim or appeal status” web page then following the guidance listed there. You can also call 1-800-827-1000.

Why do VA appeals take so long? ›

The Board has a responsibility to review the entire record and write a thorough and well-supported decision; attorneys and Judges consider each appeal carefully, which is why it can take a while to get a decision in certain cases.

What happens after my VA appeal is granted? ›

Once the Board grants service connection, it sends the case back to the Regional Office for the VA to issue an implementing rating decision where it assigns a rating and an effective date. When this happens the veteran will receive another rating decision with a letter explaining what his benefits will be.

Top Articles
Latest Posts
Article information

Author: Edwin Metz

Last Updated:

Views: 6062

Rating: 4.8 / 5 (58 voted)

Reviews: 89% of readers found this page helpful

Author information

Name: Edwin Metz

Birthday: 1997-04-16

Address: 51593 Leanne Light, Kuphalmouth, DE 50012-5183

Phone: +639107620957

Job: Corporate Banking Technician

Hobby: Reading, scrapbook, role-playing games, Fishing, Fishing, Scuba diving, Beekeeping

Introduction: My name is Edwin Metz, I am a fair, energetic, helpful, brave, outstanding, nice, helpful person who loves writing and wants to share my knowledge and understanding with you.