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Requesting A Board Appeal For Veterans’ Benefits Claims

It can be discouraging for disabled veterans to receive a denial of their benefits claims. An appeal with the VA’s Board of Veterans Appeals may be filed after the denial of an initial claim, a supplemental claim, or a denial from a higher-level review. Requesting a VBA appeal can be complicated. Veterans who receive a denial might want to consult with an experienced veterans’ disability benefits lawyer to file an appeal.

When people request an appeal, they can choose from three options:

  1. Ask for a direct review, where a veterans’ law judge will review all of the evidence that has been submitted. No additional evidence can be submitted. This appeal takes about one year.
  2. Submit more evidence for the veterans’ law judge to review. The evidence must be submitted within 90 days of when the claimant files the request for an appeal. This appeal takes more than one year.
  3. Request a hearing before the veterans’ law judge. The claimant can request a videoconference hearing, a virtual hearing, or an in-person hearing in Washington, D.C. New evidence is allowed and can be presented at the hearing or within 90 days after it occurs. This appeal takes more than a year.

An attorney can help advise the disabled veteran about the type of appeal that might make the most sense that veteran’s situation. The attorney also can review the claim and evidence that has been submitted to determine whether additional evidence needs to be added to supplement the record.