3/3 RVN Ass’n Vol 1 Issue 2 01/01/2005
Remember Reunion 2006 Colorado Springs Page 7
would have docket number 99-00001. Thus, the larger your docket number, the longer you may have to wait for your case to be reviewed.
On average, you may have to wait two or more years after you file your appeal for the Board to pass a final decision on your case. Complex cases may take longer.
If you want your appeal to be reviewed sooner, you can try writing directly to the Board and explain the reasons why you need a quicker ruling. Write to this address:
Board of Veterans Appeals (014)
Department of Veterans Affairs
810 Vermont Ave., NW
Washington, DC 20420
You will need "convincing proof of exceptional circumstances," which includes situations such as terminal illness, danger of bankruptcy or foreclosure, or an error by the VA that caused a significant delay in the docketing of your appeal. Be sure to provide evidence (i.e., bankruptcy notices) if you have it.
13.
If you wish, you can also have a personal hearing. A personal hearing is a meeting between you (and your legal representative, if you have one) and a VA official who will decide your case. During this meeting, you present testimony and other evidence supporting your case. There are two types of personal hearings: local office hearings and BVA hearings.
If you wish, you can also have a personal hearing. A personal hearing is a meeting between you (and your legal representative, if you have one) and a VA official who will decide your case. During this meeting, you present testimony and other evidence supporting your case. There are two types of personal hearings: local office hearings and BVA hearings.A local office hearing is held at your 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.
In addition to a local office hearing, you have the right to present your case in person to a member of the Board of Veterans Appeals (a BVA hearing). In most parts of the U.S., you can choose whether to hold this hearing at your local VA office, or at the BVA office in Washington, DC (but not both).
To request a BVA hearing, check the appropriate box on VA Form 9. If you have already submitted your VA Form 9 without checking the box, you can request a hearing by writing directly to the Board of Veterans Appeals within 90 days. Be sure you clearly state whether you want the hearing held at your local VA office or in Washington.
Please note that the BVA cannot pay for any expenses — such as lodging or travel — in connection with a hearing.
Basically, to "testify" at a BVA hearing just means to tell what you know about your case. VA hearings are much more informal than court hearings, so you don't need to worry about technical rules of evidence or being cross-examined when you testify.
Some local offices offer video teleconferencing, so you can have your BVA hearing at your local office while the BVA member talks to you from Washington. Check with your local VA office to see if it offers this option.
Be aware that a personal hearing may take some time to arrange. Most BVA hearings are held about three months before the case is actually reviewed by the Board.
14.The Board will notify you when it receives your appeal from the local VA office. 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 it for completeness, and review all the evidence, your arguments, personal hearing transcripts (if any), the statement of your representative (if you have one) and any other information.
The Board will notify you when it receives your appeal from the local VA office. 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 it for completeness, and review all the evidence, your arguments, personal hearing transcripts (if any), the statement of your representative (if you have one) and any other information. Once a decision has been reached, the Board will notify you in writing. Your decision will be mailed to your home address, so it is extremely important you keep the VA informed of your current address.
If the claimant dies before the Board makes a final decision, the Board normally dismisses the appeal without issuing a decision. The rights of the deceased claimant's survivors are not affected by this action. Survivors may still file a claim at the local VA office for any benefits to which they may be entitled.
Sometimes the Board will remand an appeal, which means it returns the case to your local VA office with instructions for additional work to be done. Remands may occur because of changes in the law, or if you do (or don't do) certain things.
After your local VA office performs whatever additional work is necessary, it will review your case and issue a new decision. If its original ruling still holds, it will send the case back to the Board for a final decision. The case keeps its original place on the Board's docket, so it will be reviewed soon after the Board receives it.
7.If you disagree with the Board's final ruling, you can appeal to the U.S. Court of Veterans Appeals for Veterans Claims. Normally, you must file a Notice of Appeal with the Court within 120 days from the date the Board's decision is mailed to you.
If you disagree with the Board's final ruling, you can appeal to the U.S. Court of Veterans Appeals for Veterans Claims. Normally, you must file a Notice of Appeal with the Court within 120 days from the date the Board's decision is mailed to you.To get more information about the Notice of Appeal, methods for filing with the Court, Court filing fees and other related matters, you can call the Court at 1-800-869-8654 or write to the address below:
United States Court of Appeals for Veterans Claims
625 Indiana Ave, NW, Suite 900
Washington, DC 20004
Telephone: (202) 501-5970
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 Ave., NW
Washington, DC 20420
There are other ways to challenge the Board's decision:
Motion for Reconsideration — If you can prove that the Board made an obvious error of fact or law in its decision, you can file a written motion for reconsideration. If you have a representative, you should consult with him/her about whether you should file a motion.
Reopening the Case — If you have new evidence, you can request that your case be re-opened. To be considered, the evidence you submit must include information related to your case that was not included in your claims folder when the Board decided your case. To re-open your case, you need to submit your evidence directly to your local VA office.
CUE Motion — A Board decision can be reversed or revised if you can prove that the decision contained "clear and unmistakable error" (CUE). Because CUE is a very complicated area of law, you should ask your representative for advice before you decide to file a CUE motion. You can file a CUE motion at any time, but if you file it after filing a Notice of Appeal with the U.S. Court of Appeals for Veterans Claims, the Board cannot rule on your CUE motion. CUE motions should be filed directly with the Board, and not your local VA office.
