The Board of Veterans Appeals (BVA) is the highest level of review within VA. Your case is decided by a Veterans Law Judge who is an attorney. Appealing to the Board is appropriate when you disagree with a regional office decision and want a legally trained judge to review your case, especially when complex legal issues are involved. When filing a Board appeal, you choose one of three dockets. The direct review docket involves no new evidence and no hearing. The evidence submission docket allows you to submit new evidence within 90 days. The hearing docket provides a personal hearing before the judge, either by video conference or in person at the Board office in Washington DC. Board hearings are less formal than court proceedings but provide an important opportunity to tell the judge your story and present your case. You can testify about your symptoms, your service, and any other relevant matters. Your representative can also make legal arguments on your behalf. The Board has the authority to grant, deny, or remand claims. A remand sends the case back to the regional office for additional development, such as obtaining a new medical exam or records. If the Board denies your appeal, you can further appeal to the United States Court of Appeals for Veterans Claims, which is an independent federal court outside the VA system.
A Board appeal is filed on VA Form 10182, the Notice of Disagreement. If the Board denies the appeal, the next step is the U.S. Court of Appeals for Veterans Claims, and that notice of appeal must be filed within 120 days of the Board decision under 38 U.S.C. 7266.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).