BVA and CAVC Appeals

BVA and CAVC claims allow veterans to appeal a denied claim and receive the benefits that they deserve.

Veterans can appeal unfavorable VA decisions to the Board of Veterans’ Appeals (BVA) and, if necessary, to the Court of Appeals for Veterans Claims (CAVC) for further review.
Before appealing to the BVA, veterans can respond to VA requests, request a higher-level review for errors, or file a supplemental claim with new evidence.
The BVA offers three appeal options: direct review without new evidence, submitting new evidence for consideration, or requesting a hearing with a Veterans Law Judge.
If veterans disagree with the BVA’s decision, they can appeal to the CAVC, which reviews legal errors such as misapplication of the law or improper denial of evidence.
Legal representation is essential in navigating the complex BVA and CAVC appeals process, as an experienced attorney can strengthen the case, avoid mistakes, and improve the chances of a favorable outcome.
At Bartlett Legal Group, we know just how frustrating it can be for veterans when their VA disability claims are denied or when they receive an unfavorable decision. Fortunately, veterans have the right to appeal these decisions, and there are multiple levels of review available.
First and foremost, veterans can appeal to the Board of Veterans’ Appeals (BVA). If necessary, they can also take their case to the Court of Appeals for Veterans Claims (CAVC) for a final review.

The Importance of Appealing

If you receive an unfavorable decision from the VA, it can feel like the end of the process. But there are options out there to continue fighting. By appealing, you can do just that: continue fighting for the benefits that you rightfully deserve.

The appeal process can correct errors in the VA’s decision and provide another opportunity to submit new evidence or even testify before a judge. If you believe that your claim was wrongfully denied or undervalued, you should consider appealing to protect your rights and ensure you receive the full benefits you’re entitled to.

Ways to Correct Errors Prior to Board Appeals

Before appealing to the BVA, veterans have options to address potential errors or issues in their claims. Correcting these errors at the VA level can help to streamline the process and even result in a favorable outcome without the need for a formal appeal.

Responding to Requests from the VA

When the VA requests additional information or clarification, it’s important to respond immediately with the necessary information they’ve requested. Responding to these requests in a timely manner can help to prevent any unnecessary denials caused by incomplete information.

Higher-Level Reviews

Veterans who believe the VA made an obvious mistake or oversight in evaluating their claim can request a higher-level review. A senior VA reviewer will then re-examine the case without considering any new evidence. This is often the best way to resolve clear errors in the initial decision.

Supplemental Claims

If new and relevant evidence emerges after the VA has made its decision, veterans can file a supplemental claim. This allows the VA to review new evidence and potentially change its decision without having to appeal to the BVA.

Understanding the Board of Veterans’ Appeals (BVA)

The Board of Veterans’ Appeals (BVA) is part of the Department of Veterans Affairs. They review claims when veterans disagree with the VA’s initial decision. It’s an essential part of the appeals process for any veteran seeking to challenge an unfavorable decision regarding their benefits.

What is the BVA?

The BVA reviews claims that have been appealed following a denial or unsatisfactory rating decision from the VA. Veterans can present their cases to the BVA in various ways, such as through evidence submission or a hearing. The BVA has the authority to uphold, reverse, or remand a VA decision.

The Three Appeal Options at the BVA

When appealing to the BVA, veterans have three distinct options to choose from depending on the specifics of their case and whether or not they have additional evidence to submit.

Direct Review

Direct review allows the BVA to review the case in its current state without considering any new evidence. This option is often used if the veteran believes that the evidence they’ve already submitted clearly supports their claim and that the VA made an error in its initial decision.

Evidence Submission

If you have gathered new evidence since your initial claim decision, you can submit that evidence for the BVA to consider. This is a good option if the additional documentation or information strengthens your case.

BVA Hearing

Veterans may also request a hearing with a Veterans Law Judge. During this hearing, you can present new evidence, explain the circumstances of your case in more detail, and answer any questions the judge may have. This option provides a much more interactive way to present your case. However, it may take longer to schedule and resolve.

The BVA Appeal Process

The BVA appeal process can be broken down into three main steps. Understanding this process can help you to easily navigate your appeal more effectively.

Step 1: File VA Form 10182 (Notice of Disagreement)

To start the appeal process, you must file VA Form 10182, also known as the Notice of Disagreement. This form signals your intent to appeal the VA’s decision and begins the formal review process by the BVA.

Step 2: Choose an Appeal Option

Once the Notice of Disagreement is filed, you must choose one of the three appeal options: direct review, evidence submission, or a hearing. Each option has its own advantages, and you should consider your specific circumstances before making this choice.

Step 3: BVA Decision

After reviewing the case, the BVA will issue a decision. The board may uphold the VA’s decision, remand the case for further review, or reverse the decision altogether. The timeline for receiving a decision varies depending on the complexity of your case and the type of appeal chosen.

Appealing to the Court of Appeals for Veteran Claims (CAVC)

If you’re dissatisfied with the decision made by the BVA, you have the right to appeal to the Court of Appeals for Veterans Claims (CAVC). This court provides a final review of VA and BVA decisions, focusing on legal errors and the proper application of veterans’ benefits law.

What is the CAVC?

The CAVC is a federal court that reviews BVA decisions when veterans believe there was a legal error in how their case was handled. The court does not conduct a re-examination of the evidence but rather ensures that the law was followed correctly.

How to Appeal to the CAVC

To appeal to the CAVC, you must file a Notice of Appeal within 120 days of receiving the BVA’s decision. Failing to meet this deadline can result in losing the right to appeal. Filing a CAVC appeal requires a thorough understanding of legal processes, making it crucial to have experienced legal representation throughout this process.

Grounds for Appeal to the CAVC

Grounds for appeal to the CAVC typically involve legal errors, such as the VA or BVA misinterpreting the law, improperly denying evidence, or failing to follow VA regulations. If these errors are present, the CAVC can review the case and potentially overturn the decision.

Remand vs. Reversal

When the CAVC reviews a case, it may remand it back to the BVA for further consideration or issue a reversal. A remand means the BVA must address specific legal issues or errors, while a reversal results in an immediate favorable decision.

Common Challenges in BVA and CAVC Appeals

Navigating the appeal process at the BVA and CAVC levels can be challenging. Veterans often face long wait times and complex legal issues that continuously make this process more and more difficult.

Length of the Appeal Process

The BVA and CAVC appeals process can take months or even years to complete. Delays often result from the high volume of cases and the complexity of the legal issues involved.

Complexity of Legal Issues

Veterans’ law is intricate, with numerous regulations and procedural rules. Veterans who lack legal representation often struggle to navigate these complexities, which can lead to unfavorable outcomes.

How a Veterans’ Disability Lawyer Can Help

Having an experienced veterans’ disability lawyer on your side can significantly improve your chances of success in a BVA or CAVC appeal.

Experience in BVA and CAVC Appeals

At Bartlett Legal Group, our attorneys are highly experienced in handling appeals at the BVA and CAVC levels. We know how to build strong cases by gathering crucial evidence, identifying legal errors, and advocating aggressively on behalf of our clients.

Maximizing Your Chases of Success

Veterans who work with an attorney are more likely to avoid common mistakes and navigate the complex legal landscape effectively. Our attorneys at Bartlett Legal Group can help maximize your chances of a successful appeal and ensure that you receive the benefits you deserve.

Contact Bartlett Legal Group for a Free Consultation

If you’re a veteran dealing with a denied or unfavorable VA decision, don’t hesitate to contact the experienced VA attorneys at Bartlett Legal Group. We offer free consultations to help you understand your legal options and determine the best course of action for your appeal. Call us today at 850-332-6434 or schedule an appointment online.

Questions about BVA and CAVC Appeals

What happens after the BVA hearing?

After your hearing, the BVA will review your case and issue a decision. This process can take several months, depending on the complexity of your case and the appeal option you choose.

How long does it take to get a decision from the BVA or CAVC?

The timeline for receiving a decision can vary widely, but it’s common for BVA and CAVC appeals to take several months or even years.

What if my appeal is denied by the CAVC?

If the CAVC denies your appeal, you may be able to appeal further to the U.S. Court of Appeals for the Federal Circuit, depending on the legal issues involved. Our attorneys can guide you through the next steps.