What are the Current Wait Times at the BVA – Board of Veterans’ Appeals? In 2020, has there been any improvement to the current wait times at the BVA? The much ballyhooed Appeals Modernization Act promised to return the Veterans Administration disability system to Abraham Lincoln’s vision. A vision of a way “to care for […]
A Clear and Unmistakable Error (CUE) is a special and rare type of error. It involves a situation where the correct facts, as known at time, were not before the VA. Or the application of the law and regulations in effect at the time of the VA’s decision was incorrect. Absent a showing of CUE, […]
The BVA Denied My Claim: What Are My Options Under The AMA? You may be asking what should I do after the BVA denied my claim. In some situations, an appearance before the Board of Veterans Appeals is the end of a VA benefits claim. The BVA is basically an arbitrator. The Board hears arguments […]
After Winning A BVA Appeal, What Happens Next Under the Legacy System? There have been some updates to the claims process after winning a BVA appeal. The 2018 Appeals Modernization Act significantly changed the benefits process, except for so-called legacy appeals. A legacy claim is any initial denial dated prior to February 19, 2019. The […]
If I Win My BVA Appeal, What Happens Next Under the Appeals Modernization Act (AMA) System? In 2018, lawmakers approved the Appeals Modernization Act (AMA). The AMA is designed to expedite the disability benefits appeals process in a Veteran-friendly way. These benefits for a 100% disability start at $$3,106.04/mo. and can be more with dependents […]
How to Approach Board of Veterans’ Appeals Denials It’s best to approach Board of Veterans’ Appeals Denials with optimism. Since they are somewhat like trials and give attorneys wide latitude, Board of Veterans’ Appeals (BVA) proceedings are often successful. That said, these appeals are not always successful. Denials can be incredibly frustrating because the Veteran, […]
Veterans’ Appeals FAQ – Frequently Asked Questions about Veterans’ Appeals We hope you find this Veterans’ Appeals FAQ helpful in navigating your way through claims and appeals. What is an appeal? An appeal is a request for the Board of Veterans’ Appeals to review a local VA office decision on your claim. What is the Board of […]
What is the US Court of Appeals for Veterans Claims? The United States Court of Appeals for Veterans Claims (CAVC) is a national court of record. Article I of the Constitution of the United States established the CAVC. The Court has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans’ […]
What is the Veterans’ Judicial Review Act? President Ronald Reagan signed into law, the Veterans’ Judicial Review Act (Pub. L. No. 100-687) on November 18, 1988. Before this change in the law, if you were denied your VA benefits there was no legal recourse. The important legal change finally gave Veterans and their families the […]
What is the Notice of Disagreement (NOD)? Do you disagree with a decision from the VA and want to appeal? Then the “Notice of Disagreement” (NOD) is the first step in appealing your claim. If you received a letter from the VA stating that your claim was denied, or you disagree with the level of […]