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 from both sides. Additionally, attorneys can present supporting evidence and challenge any contrary evidence. As a result, an experienced attorney can be very helpful in obtaining a favorable result.
One major difference between BVA appeals and traditional arbitration is that an arbiter’s decision is usually final. However, claimants who lose at the BVA level still have some legal options, as outlined below.
Typically, a VA benefits attorney can either choose to submit a Supplemental Claim to the VA or push ahead with the existing claim and file an appeal with the Court of Appeals for Veterans Claims (CAVC). This choice largely depends on the basis for the BVA’s denial.
Supplemental Claim
The Appeals Modernization Act didn’t only create a new avenue for Veterans to bring claims based on new evidence. It also lowered the evidentiary standards in these situations.
Supplemental claims need not be based on game-changing evidence which would require a different result. Instead, the Veteran must only produce new and relevant evidence. In other words, the evidence must prompt officials to give the claim a second look, regardless of whether the proof necessarily changes the outcome. Frequently, attorneys use the new and relevant evidence standard to present a different theory of the case.
PTSD is a good example. Assume the original C&P doctor who evaluated the Veteran did not specialize in this area. Instead, the doctor usually focused on physical disabilities. So, the Veteran’s PTSD disability rating might have been off, or the C&P doctor might have concluded the Veteran was not disabled at all.
New and relevant evidence could come from another doctor or from lay witnesses. A doctor who specializes in brain injuries and emotional disorders is much more likely to properly classify PTSD. This type of new and relevant evidence would allow a supplemental claim after an unfavorable decision by the BVA.
CAVC Appeal
An appeal to the Court of Appeals for Veterans Claims is another avenue available to Veterans looking to appeal an unfavorable BVA decision.
Usually, it is best to file supplemental claims for evidence-based denials. CAVC appeals are better suited for instances when the BVA made procedural or other mistakes. For example, the Board might have applied the wrong law. Or failed to properly calculate the claimant’s disability rating.
At the BVA level, an attorney greatly increases a Veteran’s chances of obtaining fair compensation for a disability. This compensation usually includes monthly cash benefits and free VA medical care. Typically, the cash benefits are retroactive to the date of filing. In some cases, such as TDIU (Total Disability due to Individual Unemployability) claims, the effective date might be even earlier.
At the Court of Appeals for Veterans Claims, an experienced attorney is absolutely essential. Federal judges strictly enforce a number of procedural and substantive rules. All litigants, whether they are lawyers or not, are expected to know all these rules.
Contact Assertive Attorneys
BVA appeals are not the final word in VA disability claims. For a free consultation with an experienced Veterans disability lawyer in San Diego, contact Cameron Firm, PC at 800-861-7262. Or fill out the contact box to your right. Because, we are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. Therefore, it does not create an attorney-client relationship.