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 VA plans to clear all legacy appeals by the end of 2022.
If you entirely or partially disagree with the local office’s denial, you must file a Notice of Disagreement (NOD) to appeal your claim to the next level. Unless that NOD is filed with the specific forms required, your appeal will not be processed. And, unless you have an experienced VA benefits appeals lawyer, your appeal might not go as far as you would like.
DRO Hearings
A Notice of Disagreement usually does not move legacy cases straight to the Board of Veterans Appeals (BVA). Instead, there is usually a Decision Review Officer (DRO) hearing. The DRO hearing is basically a second look at the original decision.
Veterans can opt for a hearing or a paper review. A paper review is usually best if the Claims Examiner made a clear legal error, like the refusal to consider certain evidence. Otherwise, a hearing is usually best. At such a hearing, it is important to have an attorney. A lawyer can advocate for you and also give you solid legal advice about your claim.
That advice usually involves the DRO’s decision. That decision is either a revised disability rating or a Statement of the Case. SOCs reaffirm previous denials. Based on the DRO’s findings, and especially the analysis behind those findings, the Veterans and his or her disability attorney must decide what to do next. That next stage usually means a settlement, abandonment of the claim, or a BVA appeal.
The stakes are rather high in these cases. VA disability financial benefits could be several thousand dollars a month. Other benefits could include access to medical care at VA medical centers nationwide.
BVA Hearings
Technically, hearings are also optional at the Board of Veterans Appeals. But unless the DRO committed a clear legal error, which is not very likely, hearings are usually best. BVA hearings are basically trials. Attorneys may introduce evidence, challenge evidence, and make legal arguments.
After the hearing, the BVA normally takes one of the following actions or a combination of the following actions:
- Grant,
- Deny,
- Remand.
If the BVA grants the appeal, it basically reverses the DRO’s decision. That might include a new disability rating or a new service connection finding.
A denial means the BVA affirms the DRO’s decision. The next step is usually an appeal to the Court of Appeals for Veterans Claims (CAVC). Veterans have 120 days to file the required written notice of the appeal with the CAVC.
Remands are probably the most frequent outcome. The BVA returns the appeal to the DRO for reconsideration. Frequently, the BVA also includes instructions, such as including or excluding certain evidence. Alternatively, the Veteran could ask for a Supplemental Statement of the Case.
Contact Dedicated Attorneys
Most VA legacy appeals involve BVA hearings. For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.