Navigating the complex world of Veterans Affairs (VA) disability claims can be overwhelming for many veterans. Accredited Claims Agent Garren Cone sheds light on the intricacies of VA appeals to the Board of Veterans Appeals (BVA). This article aims to provide a comprehensive overview of the BVA appeal process, discussing how veterans can pursue it either independently or with the assistance of an accredited legal professional.
Understanding the BVA Appeal Process
The BVA appeal is often considered a last resort in the claims process, positioned just before the Court of Appeals for Veterans Claims. Garren Cone emphasizes that while filing a BVA appeal can be the final step, it offers veterans some crucial choices. When opting for a BVA appeal, veterans receive a docket number indicating that their case is ready for review. At this point, veterans must decide whether they want to submit their case as is, without adding any new evidence, or if they want to present additional information.
The Role of BVA Board-Certified Attorneys
The Board of Veterans Appeals consists of board-certified attorneys who meticulously review cases. These professionals assess whether errors occurred at the regional office, the agency of original jurisdiction. Garren Cone highlights that the BVA attorneys dedicate time to thoroughly examine cases, contributing to the backlog of appeals. The decision-making process involves scrutinizing the existing record, and veterans have the option to choose between two lanes: the BVA decision route or the Supplemental Claim Lane.
Choosing the BVA Decision Route
When selecting the BVA decision route, veterans can request the board member to review their case. This involves presenting arguments and evidence directly to the BVA attorney through a video conference. The key advantage is receiving a relatively quick decision under the Appeals Modernization Act (AMA). However, veterans need to be prepared for the on-the-record nature of the hearing and the strict timeline that follows.
Supplemental Claim Lane
Alternatively, veterans can choose the Supplemental Claim Lane even after a BVA denial. This allows them to introduce new and relevant evidence, potentially strengthening their case. It’s essential to note that veterans retain the option to request a hearing during the BVA appeal, enabling them to present their case directly to the board member.
Importance of Preparation and Transparency
Garren Cone emphasizes the significance of being well-prepared before choosing the BVA route. Unlike the informal review conferences discussed in a prior segment, BVA hearings are on the record, and there is a transcript of the proceedings. Veterans are urged to get their facts in order and clearly present the evidence they want the BVA to consider.
Establishing Rapport in BVA Hearings
Drawing parallels to how veterans approach Compensation and Pension (C&P) exams, Garren Cone discusses the importance of establishing rapport during BVA hearings. While it’s not a coaching session on what to say, veterans are encouraged to treat it like a job interview. A face-to-face encounter, whether virtual or in-person, can have a positive impact. Veterans should be transparent about their condition, avoiding unnecessary embellishments.
The 90-Day Window and Strategic Considerations
One distinctive feature of the VA Appeals to the Board process is the 90-day window given to veterans after the hearing. During this period, veterans can submit new and relevant evidence to further support their case. This additional opportunity is seen as another chance to tip the scale in the veteran’s favor. However, Garren Cone advises veterans to strategize and utilize this time wisely to strengthen their claims.
Post-Hearing Options and Continuous Prosecution
After receiving a decision from the BVA, veterans still have post-hearing options. The decision may not always align with their expectations, prompting the need for further redress. Whether through a supplemental claim, a higher-level review, or pursuing a different path, veterans must continuously prosecute their claims. Failure to adhere to timelines may reset the process, emphasizing the importance of vigilance in managing the claims process.
The Importance of Evidence in VA Claims
Garren Cone underlines the crucial role of evidence in VA claims. Veterans are advised to gather new and relevant evidence when applicable, which can include statements from associates, colleagues, or family members. This evidence serves to counterbalance the often-standard C&P exam conducted by the VA. By presenting a robust case with supporting evidence, veterans enhance their chances of a favorable outcome.
Conclusion
In conclusion, the VA Appeals to the Board process is a critical stage in the journey of veterans seeking redress for their VA disability claims. The ability to choose between lanes and the opportunity to present evidence directly to the board member make the BVA appeal a valuable option. Veterans are reminded to approach BVA hearings with transparency, honesty, and strategic preparation. The 90-day window after the hearing offers a unique chance to bolster claims with additional evidence. As veterans navigate the intricate VA appeals process, continuous prosecution and vigilance remain key to achieving a favorable outcome. By demystifying the complexities of the BVA appeal, veterans can make informed decisions and pursue their claims effectively.
Also read: VA Supplemental Claims Explained by an Accredited Claims Agent
At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.
Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.
Understanding the unique challenges veterans face, our commitment lies in delivering exceptional service and support.
Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.
Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.
