Board of Veterans Appeals Process
The BVAs presence in the appeal process is implicated once the claimant files a Substantive Appeal. VA regulations state that a Substantive Appeal consists of a properly completed VA Form 9, or other correspondence that contains the necessary information.In most cases, claimants file an actual VA Form 9, since the form is mailed to the claimant with the Statement of the Case (SOC).Once the RO receives the Substantive Appeal, the date of appeal is noted for reference in assigning a future docket number. Once the BVA physically receives the case, the appeal is officially assigned a docket number based on the date that the substantive appeal was received.The BVA uses the docket number to apply a first-in first-out rule for determining the order in which a case will be reviewed.
In completing the VA Form 9, the claimant is asked, in Box 8 of the form, whether he or she desires a BVA hearing. Specifically, the claimant is asked to select one of the following four options: (1) no BVA hearing; (2) a BVA hearing in Washington, D.C.; (3) a live videoconference hearing or (4) a BVA hearing at a local VA office nearer to the claimant before a Veterans Law Judge (this is called a BVA Travel Board hearing). The videoconference hearing is available at all ROs and some VA Medical Centers. If a videoconference hearing is held, it is considered in lieu of another BVA level hearing.
Based upon the hearing choice that the claimant selects, there are different tracks that the claim will follow both at the RO and at the BVA levels. If the claimant requests no hearing, a BVA hearing in Washington, D.C. or a videoconference hearing, the case will be prepared for transfer to the BVA and no further development will occur at the RO level. The RO then prepares a VA Form 8, Certification of Appeal, sends the claimant a 90 day letter, which indicates that the case is being transferred to the BVA. The letter informs the claimant that he/she has 90 days to change representation, submit additional evidence or argument, or change his or her request regarding a hearing, and transfers the case to the BVA.
However, the development can continue at the RO level if the claimant submits evidence that should result in a new rating decision or issuance of a Supplemental Statement of the Case (SSOC), or if the claimant later requests a hearing or Decision Review Officer hearing or a BVA Travel Board hearing. If the claimant requests a BVA Travel Board hearing in the Substantive Appeal or VA Form 9, the case remains at the RO for scheduling of the Travel Board hearing. Shortly after the filing of the Substantive Appeal, the RO typically sends a letter to the claimant that acknowledges the Travel Board hearing request, but also attempts to persuade him or her to request a different mode of BVA review.This letter explains that it could be months or years until a Travel Board hearing is scheduled, owing to the backlog of requests and the infrequency of the hearings.The letter advises the claimant that he or she may remain on the waiting list for a Travel Board hearing, or select another hearing alternative, namely, a BVA videoconference hearing, a BVA hearing in Washington, D.C., or an RO hearing before a hearing or Decision Review Officer. The claimant is also given the opportunity to withdraw the hearing request.
If the claimant is not persuaded to request a different mode of review, the case is placed on track for a Travel Board hearing.After the hearing is held, the case is immediately sent by the RO to the BVA.
If a videoconference hearing is selected the claimant and representative appear at the local RO (or, in some cases, a local VA Medical Center) and present testimony and argument before a Veterans Law Judge who is sitting in Washington, D.C. By accepting a videoconference hearing, the appellant gives up his or her right to any other type of BVA level hearing.
The RO will maintain control over cases where the claimant has requested a hearing at the RO before a hearing officer or Decision Review Officer. A claimant may request this type of hearing without being asked, both before and after a Substantive Appeal is filed.Although the VA Form 9 specifically advises that the claimant should not use the form to request the RO hearing, some claimants still do so.
After the RO level hearing, the claimant is furnished an SSOC if the requested relief is not granted. In the letter with the SSOC, the RO advises the claimant that he or she has a 60-day period in which to respond. After the expiration of the 60-day response period, if no additional evidence is submitted that would prompt issuance of another SSOC, the case is transferred to the BVA, as long as the claimant has not also requested a BVA Travel Board hearing.
Once a case arrives at the BVA, the case is processed by the BVA Administrative Support Division. On its arrival at the BVA decision team, the case is assigned to a Veterans Law Judge and staff counsel for review.The staff counsel, who are referred to as Associate Counsel (GS-9, GS-11, GS-12, and GS-13), Counsel (GS-14), or Senior Counsel (GS-15), reviews the claims file and conducts any necessary pre-decisional development (such as clarifying a hearing request, requesting an Independent Medical Expert opinion, or a medical opinion from the Veterans Health Administration).
Also at the decision team, staff counsel identify any additional evidentiary or procedural development requiring a remand to the Appeals Management Center (AMC) or to the RO. The staff counsel then prepares a tentative decision, either deciding the case, remanding it to the AMC or RO for additional development, and forwards it to his or her Veterans Law Judge for disposition. In some multiple-issue cases, the staff counsel may recommend two courses of action: (1) a decision on one or more claims; and (2) a remand on other claims. The Veterans Law Judge makes any necessary revisions, and signs the decision. After the decision is signed, it may be reviewed by other BVA officials as part of the BVAs Quality Review program, and then the decision and claims file are sent to the BVA Administrative Support Division for dispatch to the claimant and representative. The claims file is then transferred back to the RO.
The average length of time between filing the appeal and the Board’s disposition was 886 days.
Source: Annual Report of the Chairman, Board of Veterans’ Appeals, Fiscal Year 2010,
p. 19.
a.gov/docs/Ch Average Elapsed
Time Interval Responsible Party Processing Time
Notice of Disagreement Receipt to
Statement of the Case Regional Office 243 days
Statement of the Case Issuance to
Substantive Appeal ReceiptClaimant 42 days
Substantive Appeal Receipt to
Certification of Appeal to BVA Regional Office 609 days
Receipt of Certified Appeal to
Issuance of BVA Decision BVA 212 days
Average Remand Time Factor Regional Office493 days
In 2009, the following wait times existed in cases in which hearings were requested:
Average Elapsed
Time IntervalType of Hearing Time______
Substantive Appeal Receipt to
Date of HearingTravel Board743 days
Substantive Appeal Receipt to
Date of HearingVideoconference678 days
Substantive Appeal Receipt to
Date of HearingCentral Office (DC)771 days
Time Interval Responsible Party Average Elapsed
Processing Time