Options to Appeal a BVA Decision

VA Claim Appeals

Options to Appeal a BVA Decision

November 2, 2023
Question

What are my options if I receive a decision from the Board of Veterans Appeals?

Answer

If you disagree with the Board of Veterans Appeals (BVA) decision, you have the following options:
 

  1. Appeal to the U.S. Court of Appeals for Veterans Claims (CAVC): 
    If you want to appeal to CAVC you must do that within 120 days of the date on the front of the Board’s decision. 

    Please be aware that if you received a "total" remand decision from the BVA, the case goes back to the Agency of Original Jurisdiction (which means the office where a claim started from) for follow up.  A remand is NOT appealable to CAVC. However, if you receive a decision that denies only part of your claim and grant/remands the other parts, you CAN appeal the denied portion of the BVA’s decision to the CAVC.

     
  2. File either a Motion for Reconsideration, Motion to Vacate, or Motion for Revision:
    You can file either a Motion for Reconsideration, Motion to Vacate, or Motion for Revision based on clear & unmistakable error from the BVA. Clear and Unmistakable Error, or CUE as it's sometimes called, means that either the BVA didn't have right facts at the time their decision or they didn't apply the law correctly. You would have to show in your motion that the error or mistake is obvious to any reasonable person and that a different decision would have been made if it weren't for BVA's error. 

    To make sure you can still file an appeal to CAVC, you have to file your motion with the VA within 120 days from the date on the front of the BVA’s decision.

    Please know, filing a motion for reconsideration or filing a motion to vacate the decision are both long processes and very few people win. 

     
  3. File a Supplemental Claim:
    You can file a supplemental claim to add new and relevant evidence that you didn't submit before. You have 1 year to do this. You must file the VA Form 20-0995 and submit the new evidence that the VA didn’t have before they made their decision.
     

These options can get complex and it's a lot to process. We suggest you find an attorney to help you decide which option is best for you and to assist with submitting everything correctly.