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How long does the appeal process take?

It is difficult to say just how long it will take from the time you file your appeal until you receive the Board's decision. As of the Spring of 1998, it took an average of about two years from the time an appeal was placed on the Board's docket until a BVA decision was issued.

Is there any way to have the Board decide my case more quickly?

If you believe your case should be decided sooner than others that were filed before yours, you can request to have your case advanced on the docket. To submit a motion to advance on the docket, write directly to the Board, explaining why your appeal should be moved ahead of the appeals of others who filed earlier than you.

Because most appeals involve some type of hardship, you need to show convincing proof of exceptional circumstances before your case can be advanced. Some examples of exceptional circumstances are terminal illness, danger of bankruptcy or foreclosure, or an error by VA that caused a significant delay in the docketing of an appeal. Over the years, BVA has granted fewer than 3 out of every 20 requests for advancement on the docket. To file a motion to advance on the docket, send your request to:

Board of Veterans' Appeals (014)
Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420

What is a personal hearing?

Basically, a personal hearing is a meeting between you (and your representative, if you have one) and an official from VA who will decide your case, during which you present testimony and other evidence supporting your case. There are two types of personal hearings: Regional office hearings (also called RO hearings or local office hearings) and BVA hearings.

As its name implies, a "local office hearing" is a meeting held at a local VA office between you and a "hearing officer" from the local office's staff. To arrange a local office hearing, you should contact your local VA office or your appeal representative as early in the appeal process as possible. {38 U.S.C. § 7105(a); 38 U.S.C. § 7107(d)(e)}

In addition to a local office hearing, you also have the right to present your case in person to a member of the Board. Appellants in most areas of the country can choose whether to hold this "BVA hearing" at the local VA regional office, called a Travel Board hearing, or at the BVA office in Washington, D.C. Some ROs are also equipped to hold BVA hearings by videoconference. Check with your regional office to see if a videoconferenced hearing is a possibility in your area.

When deciding where to hold a BVA hearing, please keep in mind that VA cannot pay for any of your expenses — such as lodging or travel — in connection with a hearing.

The VA Form 9 has a section for requesting a BVA hearing. The Form 9 is the usual way to request a BVA hearing, but is not used to request a local office hearing. However, if you didn't ask for a BVA hearing on the VA Form 9, you can still request one by writing directly to the Board. (This is subject to the "90-Day Rule," which is explained in a later section.) If you want a BVA hearing, be sure you clearly state whether you want it held at the RO or at the Board's office in Washington, D.C. You cannot have a BVA hearing in both places.

When will my personal hearing be held?

When a hearing will be held depends on what type of hearing you requested and where you requested that it be held. Local office hearings are generally held as soon as they can be scheduled on the hearing officer's calendar.

The scheduling of Travel Board hearings — BVA hearings held at regional offices — is more complicated, since Board members must travel from Washington, D.C., to regional offices to conduct the hearings. (Travel Board hearings may not be available at regional offices located near Washington, D.C.) Factors that affect when Travel Board hearings can be scheduled include the docket number, the total number of requests for hearings at a particular regional office, how soon the Board will be able to review the cases associated with the hearings, and the resources, such as travel funds, available to the Board.

Because videoconferenced hearings do not involve travel by Board members, they are less complicated to arrange and can be scheduled more frequently than Travel Board hearings.

Hearings held at the Board's offices in Washington, D.C., will be scheduled for a time close to when BVA will consider the case — ideally about three months before the case is reviewed. {38 U.S.C. § 7107; 38 C.F.R. § 20.702; 38 C.F.R. § 20.704}

Where is my claims folder kept?

If you do not request a BVA hearing, your claims folder will stay at the local VA office until it is transferred to BVA shortly before the Board begins its review.

If you request a Travel Board hearing, your claims folder will stay at the local VA office until the hearing is completed and will then be transferred to the Board.

If you request a videoconferenced BVA hearing or a hearing held at the Board's office in Washington, D.C., your claims folder will stay at the local VA office until shortly before the hearing is held. It will be transferred to BVA in time for your hearing and the Board's review.

Navigating the Pamphlet