What a Board decision means
The Board of Veterans' Appeals is the last level of review inside VA. Its decision may do three different things, and they are treated differently:
- Denied issues can be appealed to the Court.
- Remanded issues are sent back to VA for more work. They are not final and cannot be appealed to the Court yet.
- Granted issues are decided in your favor. If you believe the Board should have granted more, such as a higher rating or an earlier effective date, that part may be appealable.
A single Board decision often contains all three. Read the “Order” section near the end of the decision to see how each issue was decided.
Your options after a denial
1. Appeal to the Court
The Court reviews whether the Board made legal errors in deciding your case. It decides the appeal based on the evidence that was already before the Board.
2. File a supplemental claim with VA
If you have new and relevant evidence, such as a new medical opinion, you can file a supplemental claim with VA. Filing within one year of the Board decision generally protects your original effective date.
3. Ask the Board to reconsider
You can ask the Board to reconsider its decision if it contains an obvious error of fact or law. This is granted less often.
You generally cannot appeal to the Court and pursue a supplemental claim on the same issue at the same time, so the choice matters. Which option is better depends on why the claim was denied and what evidence you have. We will discuss this before any filing is made.
Errors the Court looks for
The Court does not take new evidence or hold a new hearing. It reviews whether the Board decided your case correctly. Common errors include when the Board:
- did not adequately explain the reasons for its decision;
- overlooked or did not address favorable evidence, including your own statements or statements from people who know you;
- relied on a VA medical examination or opinion that was incomplete or inadequate;
- did not ensure VA met its duty to help you obtain evidence; or
- applied the wrong legal standard.
When the Court finds an error, it often returns the case to the Board to correct the error and decide the claim again.
What an appeal costs
There is no attorney fee paid from the veteran for the Court appeal. If the appeal succeeds, including when the Court returns the case to the Board, I ask the Court to order the government to pay my fees under the Equal Access to Justice Act. These fees are never taken from your benefits. If the appeal does not succeed, you owe me nothing. You will not pay the Court's filing fee.
If your deadline is close
Contact me as soon as possible. Until we have both signed a retainer agreement, I am not your attorney and you remain responsible for the deadline.
If you have not found representation and the deadline is days away, you can protect your right to appeal by filing a Notice of Appeal with the Court yourself. The Court's website, uscourts.cavc.gov, explains how. An attorney can take over the appeal after it is filed.