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What if I disagree with the Board's decision?

If you are not satisfied with the Board's decision, you can appeal to the United States Court of Veterans Appeals (the Court). The Court is an independent court that is not part of the Department of Veterans Affairs.

Normally, to appeal a BVA decision, you must file the Notice of Appeal with the Court within 120 days from the date the Board's decision is mailed.

To appeal a Board decision to the Court, you must file an original Notice of Appeal directly with the Court at:

United States Court of Veterans Appeals
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004

If you filed a motion to reconsider with the Board within the 120 day time frame and that motion was denied, you have an additional 120 days to file the Notice of Appeal with the Court. This 120 day period begins on the date the Board mails you a letter notifying you that it has denied your motion to reconsider. A "Notice of Appellate Rights" will be mailed to you if the Board denies your motion to reconsider your appeal. (Motions to reconsider are discussed in "What else can I do if I disagree with the Board's decision?")

If you appeal to the Court, you should also file a copy of the Notice of Appeal with the VA General Counsel at the following address:

Office of the General Counsel (027)
Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420

The original Notice of Appeal that you file with the Court is the only document that protects your right to appeal a BVA decision. The copy sent to VA's General Counsel does not protect that right or serve as your official filing.

To obtain more specific information about the Notice of Appeal, the methods for filing with the Court, Court filing fees, and other matters covered by the Court's rules, you should contact the Court directly at the (Indiana Avenue) address given above. You may also contact the Court by telephone at 1-800-869-8654.

{The first day of the 120 days you have to file an appeal to the Court of Veterans Appeals is the day the Board's decision is postmarked, not the day the decision is signed. This is different than the "90-Day Rule" discussed in the "What is the 90-Day Rule?" section.}

What else can I do if I disagree with a Board decision?

If you can demonstrate that the Board made an obvious error of fact or law in its decision, you can file a written "motion to reconsider" your appeal. If you were represented at the time of the decision, you may wish to consult with your representative for advice about whether you should file a motion (and for assistance in preparing one). If you do file a motion to reconsider, it should be sent directly to the Board, not to your local VA office. A motion to reconsider should not be submitted simply because you disagree with BVA's decision — you need to show that the Board made a mistake and that the Board's decision would have been different if the mistake had not been made. {38 U.S.C. § 7103; 38 C.F.R. § 20.1000; 38 C.F.R. § 20.1001}

If you have "new and material evidence," you can request that your case be re-opened. To be considered "new and material," the evidence you submit must be information related to your case that was not included in the claims folder when your case was decided.

To re-open an appeal, you need to submit your new evidence directly to the local VA office that handled your claim. {38 U.S.C. § 5108; 38 U.S.C. § 7104(b); 38 C.F.R. § 20.1105}

What happens to an appeal if the appellant dies before a decision is issued?

According to the law, the death of an appellant generally ends the appellant's appeal. So, if an appellant dies, the Board normally dismisses the appeal without issuing a decision. The rights of a deceased appellant's survivors are not affected by this action. Survivors may still file a claim at the regional office for any benefits to which they may be entitled. {38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302}

What SHOULD I do?

If you intend to appeal:

• Do consider having an appeal representative assist you.
   
• Do file your Notice of Disagreement and VA Form 9 as soon as possible. (Because so many appeals are filed, delaying could add months to your wait for the Board's decision.)
   
• Do be as specific as possible when identifying the issue or issues you want the Board to consider.
   
• Do be specific when identifying sources of evidence you want VA to obtain. For example, provide the full names and addresses of physicians who treated you, when they treated you, and for what they treated you.
   
• Do keep VA informed of your current address, phone number, and number of dependents.
   
• Do be aware that clinical treatment records are generally more helpful than just a statement from a physician.
   
• Do be clear (on your VA Form 9) about whether or not you want a BVA hearing and where you want it held. (See "What is a personal hearing?")
   
• Do provide all the evidence you can that supports your claim, including additional evidence or information requested by VA.
   
• Do include your claim number on any correspondence you send to VA and have it ready if you call.
   

What should I AVOID?

• Don't try to "go it alone." Consider getting a representative to assist you.
   
• Don't submit material if it doesn't have anything to do with your claim. This will only slow down the process.
   
• Don't use the VA Form 9 to raise issues (new claims) for the first time. The VA Form 9 is only used to appeal decisions on previously submitted claims.
   
• Don't use the VA Form 9 to request a local office hearing.
   
• Don't raise additional issues for the Board to consider late in the appeal process, especially after your claims folder has been sent to the Board in Washington, D.C. This may cause your case to be sent back to the regional office (RO) for additional work there and could result in a longer wait for a decision.
   
• Don't submit evidence directly to the Board unless you include a written or typed statement saying that you waive consideration by the RO and clearly indicating that you want the Board to review the evidence even though the RO has not seen it. If you submit evidence directly to the Board without such a waiver, the case may be remanded to the RO for review and could result in still more delays.
   
• Don't submit a last minute request for a hearing or a last minute change to the type or location of a hearing unless it is unavoidable. This almost always results in a delay in getting a final decision.
   
• Don't miss a scheduled VA examination or hearing.
   

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