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What is the Board of Veterans' Appeals?

The Board of Veterans' Appeals (also known as "BVA" or "the Board") is a part of the Department of Veterans Affairs (VA), located in Washington, D.C. "Members of the Board" review benefit claims determinations made by local VA offices and issue decision on appeals. These Board members, attorneys experienced in veterans' law and in reviewing benefit claims, are the only ones who can issue Board decisions. Staff attorneys, also trained in veterans' law, review the facts of each appeal and assist the Board members. {38 U.S.C. § 4003; 38 U.S.C. § 4004}

What is an appeal to the Board of Veterans' Appeals?

An appeal is a request for a review of a VA decision on a claim for benefits issued by a VA regional office (RO) or VA medical facility.

Who can appeal?

Anyone who has filed a claim for benefits with VA and has received a determination from a local VA office is eligible to appeal to the Board of Veterans' Appeals. (Also see "What can't I appeal to the Board?")

When can I file an appeal?

You can file an appeal up to one year from the date the VA regional office or medical center mails you its initial decision on your claim. After that, the decision is considered final and cannot be appealed unless the decision involves clear and unmistakable error by VA.

What can I appeal to the Board?

You can appeal any decision issued by a VA regional office on a claim for benefits. Some decisions, such as eligibility for medical treatment, issued by VA medical centers can also be appealed to the Board of Veterans' Appeals.

You can appeal a complete denial of your claim or you can appeal the level of benefit granted. For example, if you filed a claim for disability and the local office awarded you a 10% disability, but you feel you deserve more than 10%, you can appeal that determination to the Board.

What can't I appeal to the Board?

Decisions concerning the need for medical care or the type of medical treatment needed, such as a physician's decision to prescribe (or not to prescribe) a particular drug, or whether to order a specific type of treatment, are not within the Board's jurisdiction. (Occasionally, the Board receives an appeal of this nature, but since it doesn't have the legal authority to decide this type of case, the Board must dismiss it.) {38 C.F.R. § 20.101(b); 38 U.S.C. § 511(a); 38 U.S.C. § 7104(a)}

How do I file an appeal?

No special form is required to begin the appeal process. All that is initially needed is a written statement that you disagree with a claim decision. This statement is known as the Notice of Disagreement, or NOD. The Notice of Disagreement should state why you disagree with a regional office decision. For example, if you feel that the office issuing the decision overlooked or misunderstood some evidence, or misinterpreted the law, your NOD should address that. If you received a decision for more than one claim issue, your NOD needs to be specific about which issue or issues you wish to appeal.

While the NOD is all that is needed to begin the appeal process, you will eventually need to complete a VA Form 9, which is discussed in the next section.

Where do I file my appeal?

Normally, you file your appeal with the same office (VA regional office or medical facility) that issued the decision you are appealing, because that is where your claims file (also called a claims folder) is kept. However, if you have moved and your claims file is now maintained at a VA office other than the one where you previously filed, you should file at the new location, so that your appeal can be kept with your file.

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