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What is the 90-Day Rule?

When your claims folder is transferred from the local VA office to Washington, D.C., the local VA office will send you a letter letting you know that you have 90 days remaining (from the date of that letter) during which you can add more evidence to your file, request a hearing, or select (or change) your representative.

The Board will accept items submitted within the 90-day period. However, the Board cannot accept items submitted after the 90-day period has expired, unless you also submit a written explanation (called a "motion") of why the item is late and showing why the Board should accept it (called "showing good cause"). A motion to accept items after the 90-day period will be reviewed by a Board member who will issue a ruling either allowing or denying the motion. {38 U.S.C. § 7104; 38 U.S.C. § 7105; 38 C.F.R. § 20.1304}

How do I find out the status of my appeal?

To check on the status of your appeal, you should call the office where your claims folder is located. Your claims folder will remain at the office where you filed your appeal until about three to four months before the Board reviews it, after which it is transferred to the Board's office in Washington, D.C. (VA will notify you in writing when that is about to happen.)

You will also be notified in writing when your file is received at the Board. Until your file is transferred to the Board, your local VA regional office is the best place to get information about your appeal.

If your file is at the Board, you can call (202) 565-5436 to check on its status. In most cases, the status of an appeal that has reached the Board will be "awaiting review by the Board" or "being reviewed by the Board." Board employees cannot discuss the legal merits of a case or predict the outcome of an appeal.

If your file is at the Board, you can call: (202) 565-5436. (Be sure to have your claim number handy.) BVA employees cannot discuss the legal merits of a case or predict the outcome of an appeal. Also, because every case is different, it is impossible to give you a precise estimate of when your appeal will be decided.

What happens to my appeal when it gets to the Board?

The Board will notify you in writing when it receives your appeal from the local VA office. The Board examines the claims folder for completeness and provides your representative (if you have one) with an opportunity to submit additional written arguments on your behalf. Your case is then assigned to a Board member for review. (If you requested a "BVA hearing," the Board member assigned to your case will conduct the hearing before reaching a decision.)

When the docket number for your appeal is reached, your file will be examined by a Board member and a staff attorney who will check for completeness, review all your evidence and arguments, as well as the regional office's Statement of the Case (and Supplemental Statement of the Case, if there is one), the transcript of your hearing (if you had one), the statement of your representative (if you have one), and any other information included in the claims folder. The staff attorney, at the direction of the Board member, may also conduct additional research and prepare recommendations for the Board member's review.

Before a decision is reached, the Board member will thoroughly examine all of the material in the claims folder along with the recommendations prepared by the staff attorney. The Board member will then issue a decision.

How will I be notified of the Board's decision?

Your decision will be mailed to the home address that the Board has on file for you, so it is extremely important that you keep VA informed of your correct address.

BVA tries to make its decisions as understandable as possible. However, as legal documents, decisions may contain information that can be confusing, such as references to laws and court cases. Many BVA decisions also contain detailed medical discussions. If your appeal is denied, the Board will send you a "Notice of Appellate Rights" that describes additional actions you can take.

If you move, or get a new home or work phone number, you should notify the office where your claims folder is located. (See "Where is my claims folder kept? ")

What is a remand?

A remand is an appeal that is returned to the local VA office, usually to perform some additional development of the case. After performing the additional work, the regional office may issue a new decision. If a claim is still denied, the case is returned to the Board for a final decision. The case keeps its original place on BVA's docket, so it is reviewed soon after it is returned to the Board.

Depending on why your case was remanded, the RO may provide you with a Supplemental Statement of the Case (SSOC). You have 60 days from the date when the local VA office mails you an SSOC to comment on it.

Why are some cases remanded

Some cases are remanded for reasons you can't control, such as new rulings by the United States Court of Veterans Appeals that require the Board to return them for the regional office's review or some other action. However, some remands might be avoided if you do — or don't do — certain things.

The "What SHOULD I do?" and "What should I AVOID?" sections of this pamphlet are based on the many years of experience of Board members and other BVA employees. These lists do not include every possible situation, but they do include the most frequent "do's and don'ts" and should prove helpful as you prepare your case.

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