As part of the Appeals Modernization Act, veterans can now choose which type of review they would like at the Board of Veterans’ Appeals (Board or BVA). But when can you make this choice, and how do you know which lane is right for your case? This article will explore the three Board appeal options and how to select the right one!
What is the Board of Veterans’ Appeals?
The Board of Veterans’ Appeals is located in Washington, D.C. but is available to veterans nationwide. Composed of administrative judges and attorneys, the Board gives veterans the opportunity to appeal administrative decisions within the VA framework.
You may consider an appeal to the Board if you have received a decision on your initial claim, Supplemental Claim, or Higher-Level Review within the last year. The 1-year timeframe starts from the date on your decision letter. Once you decide to appeal to the Board, you will have three options for how to proceed.
What are the three Board appeal options?
The three appeal options at the Board are (1) the Direct Review Lane, (2) the Evidence Submission Lane, and (3) the Hearing Lane. Which lane you choose will depend on several factors, including whether you want to submit additional evidence, the type of error you are appealing, and whether you need a decision quickly. We will discuss the pros and cons of the lanes below.
The Direct Review Lane
The Direct Review Lane requires the Board to review the evidence in your file at the time the VA made the erroneous decision and render a new decision on your behalf.
This lane is typically the fastest because the Board is not considering new evidence or conducting a hearing. The Board’s goal is to send you a decision within 1 year. This lane might be a good o
ption if your argument is that the VA missed evidence or made a legal error.
The downside to choosing this lane is that you may not submit new evidence. This means that if your condition is worsening or you want to include a new letter from your medical provider or employer, you’ll have to file a supplemental claim to enter that evidence, which may affect the effective date of your benefits.
The Evidence Submission Lane
The Evidence Submission Lane requires the Board to review new evidence together with evidence that was in your file when the VA made the previous decision. You must submit new evidence with your Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) or within 90 days after VA’s receipt of your VA Form 10182.
The benefit of this lane is that you can add evidence that is new or responds to the VA’s denial in a previous decision. For example, if the VA previously denied your claim because you didn’t have a current diagnosis, then submitting evidence establishing a current diagnosis would help your case greatly.
Because this lane requires the Board to review new evidence, the appeal does take longer than the Direct Review Lane. Here, the Board’s goal is to send you a decision within 550 days (1.5 years).
Hearing Lane
The Hearing Lane requires the Board to review any new evidence and afford you the opportunity to be heard either through an in-person hearing at the Board in Washington, D.C. (but you’ll have to pay any travel expenses), a video conference hearing at a local VA location, or a virtual tele-hearing using your computer or mobile device.
Unfortunately, the judge who hears your testimony is not always the same judge who will decide your case, but the hearing will generate a transcript that will be included in your record for all future adjudicators to see.
This lane provides you with the most opportunity to be heard and the ability to answer questions the judge might have. However, this lane is also the slowest. The Board’s goal is to send you a decision within 730 days (2 years). Therefore, you must consider whether it is better to wait for the discussion with the judge, or submit your statements in writing through the Evidence Submission Lane.
How to appeal to the Board?
- You can appeal to the Board in one of the following ways: · You can appeal online here.
- You can appeal by mail, by completing a Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) and sending the form and any supporting evidence to this address:
- Board of Veterans’ Appeals
- PO Box 27063
- Washington, D.C. 20038
You can appeal in person by bringing the completed Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) to your local VA Regional office. · You can appeal by faxing Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) and any supporting evidence to 844-678-8979.
On VA Form 10182, in Part II, you will select which Board review option you’d prefer. You can select different Board review options for different issues; however, if you choose to do so, you must submit a separate VA Form 10182 for each Board review option and list the issues that you want reviewed under that option.
Once you have chosen a Board review option, you may request to modify that option by submitting a new VA Form 10182 form to the Board within one year (365 days) from the date of mailing of the notice of decision on appeal or within 60 days of the Board’s receipt of the VA Form 10182, whichever is later. You cannot request to modify your VA Form 10182 if you have already submitted evidence to the Board or testified at a hearing with a Board judge.
Contact us to appeal now!
Choosing which appeal lane at the Board is right for your case largely depends on the errors you are appealing and your goals in the appeal. An experienced advocate can help you navigate this complicated system.
If you are looking to appeal your denied VA disability claims, Vets National is here to help! Contact us to reach our advocates today, or call (877) 777-4021 to take the next step in obtaining the VA disability benefits you deserve.
