Board Appeals
The Board of Veterans’ Appeals is the last appeal option within the VA. You can appeal Board decisions to the Court of Appeals for Veterans’ Claims. During a Board appeal, a Veterans Law Judge (VLJ) will review the entire record and make a final decision on your appeal. While it is true this option takes the longest, the knowledge and experience of a VLJ often results in the best decision. There are three types of Board appeals, shown below.
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Under the direct review docket, a judge will review the entire record contained in your claims folder up until the date of the VA decision with which you disagree with. Any evidence received after the date of the decision cannot be considered by the Board. This option is appropriate if you believe the VA had everything it needed at the time to make a decision favorable to you.
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Under this option, you have 90 days from the submission of your appeal to the Board to submit any new evidence you believe supports your appeal. This can include statements from you, your spouse, medical records, or a private nexus opinion.
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This appeal option allows you and witnesses to directly speak with and testify to a Veterans Law Judge. Following the hearing, you can have up to 90 days to submit any new evidence. The judge will then consider the entire record and make a decision on your appeal.
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Yes! Under the AMA, you do have the right to file a supplemental claim after a Board decision has been issued. This will preserve your backpay as well.
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If you want to appeal a final Board decision, you have three options. You can appeal the decision within 120 days directly to the U.S. Court of Appeals for Veterans Claims.
This option best serves Veterans when the Board made a clear error in their decision, or failed to adequately explain the reasoning in their decision.
The second option, which applies only to AMA appeals, is to file a Supplemental Claim, introducing as new evidence the elements of your appeal the Board found to be missing, such as obtaining your own private nexus opinion.
As a third option, you may file a Motion for Reconsideration with the Board.