If the veteran doesn’t show up, VA is likely to deny the claim. If the VA orders an examination for the veteran, it is very important that the veteran reports to the examination. If the BVA remands a claim, then the case will return to the VA Regional Office to complete whatever assistance the BVA decided it should provide to the veteran. In the AMA system, the BVA can only remand a claim if the VA Regional Office failed to fulfill its obligation to assist the veteran in developing the claim-for example, if the VA Regional Office should have provided an examination of the veteran but didn’t, or if the VA Regional Office failed to obtain treatment records that the veteran identified as relevant to the claim. Once the BVA has reviewed an appeal, it can either deny claims, grant claims, or remand claims (meaning it sends the claim back to the VA Regional Office to correct an error and decide the claim again). It can be helpful sometimes to be able to answer the Judge’s questions directly, but this docket has significantly longer wait times than the others. This option is best when the veteran wants an opportunity to make their case directly to a Veterans Law Judge. It takes more than a year on average for a decision to be made on this type of appeal. You must submit evidence at the hearing or within 90 days of the hearing when appealing this way-any evidence submitted after the VA decision being appealed and before the hearing will not be considered and must be resubmitted.
Evidence submitted after the VA decision being appealed and before the NOD will not be considered and must be resubmitted. Veterans have 90 days from filing the NOD to submit supporting evidence. Evidence Submission: Veterans should choose this BVA appeal option if they would like to submit additional evidence in support of the claim.This option is best when the VA Regional Office has made a mistake in misapplying the law or ignoring important evidence and the veteran has no new evidence to submit. These decisions take approximately 365 days. A Direct Review: Veterans should choose this BVA appeal option if they do not want to submit any additional evidence or request a hearing.The choice of docket affects whether the veteran will be able to submit new evidence and can significantly change how long it will take to get a decision. Under the AMA, when a veteran appeals to the BVA, they must choose one of three different dockets.
To appeal to the BVA, the veteran must submit a VA Form 10182, Decision Review Request: Board Appeal within one year after the date of the notice letter for the rating decision the veteran wants to appeal.
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