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Veterans Affairs (VA) Benefits - Appeals

Veterans and other claimants for Veterans Affairs (VA) benefits have the right to appeal decisions made by a VA regional office or medical center. This topic provides information about appealing VA decisions through the several available appellate levels. You may read it in sequence or jump directly to one of the following specific sections:

·               Background

·               Board of Veterans' Appeals

·               U.S. Court of Appeals for Veterans Claims

·               Veterans Consortium Pro Bono Program

Background

Typical issues appealed are disability compensation, pension, education benefits, recovery of overpayments, and reimbursement for medical services that were not authorized.

A claimant has one year from the date of the notification of a VA decision to file an appeal. The first step in the appeal process is for a claimant to file a written notice of disagreement with the VA regional office or medical center that made the decision. This is a written statement that a claimant disagrees with VA's decision.

Following receipt of the written notice, VA will furnish the claimant a "Statement of the Case" describing what facts, laws and regulations were used in deciding the case. To complete the request for appeal, the claimant must file a "Substantive Appeal" within 60 days of the mailing of the Statement of the Case, or within one year from the date VA mailed its decision, whichever period ends later.

Board of Veterans' Appeals

The Board of Veterans' Appeals, located in Washington, D.C., makes decisions on appeals on behalf of the Secretary of Veterans Affairs. Although it is not required, a veterans service organization, an agent or an attorney may represent a claimant. Appellants may present their case in person to a member of the Board at a hearing in Washington, D.C., at a VA regional office or by videoconference.

The texts of appeal decisions made by the Board, as well as a plain-language pamphlet, "Understanding the Appeal Process," can be found on the Internet at: http://www.va.gov/vbs/bva/. This pamphlet may also be requested by writing to Hearings and Transcription Unit (0141A), Board of Veterans' Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

U.S. Court of Appeals for Veterans Claims

A final Board of Veterans' Appeals decision that does not grant a claimant the benefits desired may be appealed to the U.S. Court of Appeals for Veterans Claims, an independent court that is not part of the Department of Veterans Affairs.

Notice of an appeal must be received by the court with a postmark that is within 120 days after the date - stamped on the decision - on which the Board of Veterans' Appeals mailed its decision. The court reviews the record considered by the Board of Veterans' Appeals. It does not hold trials or receive new evidence. Appellants may represent themselves before the court or have lawyers or approved agents as representatives. Oral argument is held only at the direction of the court. Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and may seek review in the Supreme Court of the United States.

The court's Web site (http://www.vetapp.gov/) contains its published decisions, case status information, rules and procedures, and other special announcements. The court's decisions can also be found in West's Veterans Appeals Reporter, and on the Westlaw and LEXIS online services. For other questions, write to the Clerk of the Court, 625 Indiana Ave. NW, Suite 900, Washington, DC 20004, or call the clerk's office at 202-501-5970.

Veterans Consortium Pro Bono Program

If you are dissatisfied with your recent Board of Veterans' Appeals (BVA) decision, you probably have the right to appeal the decision to the U.S. Court of Appeals for Veterans Claims. You may also be able to obtain a free attorney from the Veterans Consortium Pro Bono Program.

Most appellants do not have an attorney when they initially file their appeal with the Court, and many attempt to handle their own appeals. However, unrepresented appellants are often unfamiliar with Court rules and procedures and with the evolving legal doctrines concerning veterans benefits. This puts them at a disadvantage. In 1992, Congress approved the establishment of a program to help appellants at the Court obtain an attorney to represent them without charge.

The Veterans Consortium runs the resulting Pro Bono Program at the Court. It is a cooperative effort by four organizations - The American Legion, the Disabled American Veterans, the National Veterans Legal Services Program, and the Paralyzed Veterans of America. The Consortium recruits and trains volunteer attorneys to help needy appellants with their appeals at the Court of Appeals for Veterans Claims.

For information about how you can obtain legal assistance for your appeal to the Court and, specifically, the services provided by the Veterans Consortium Pro Bono Program, read their online pamphlet Your Appeal to the U.S. Court of Appeals for Veterans Claims at:
http://www.vetsprobono.org/appeal.htm

Contact Information

The Veterans Consortium Pro Bono Program
Internet: http://www.vetsprobono.org/

Case Evaluation and Placement Component
701 Pennsylvania Ave., NW, Suite 131
Washington, DC 20004
Phone: (202) 628-8164
Toll Free: (888) 838-7727
Fax: (202) 628-8169

Outreach and Education Components
2001 S Street, N.W., Suite 610
Washington, DC 20009-1125
Phone: (202) 265-8305, ext. 110
Fax: (202) 328-0063

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