What are the Outcomes of a BVA Hearing?
A lot of Veterans call us after their BVA hearing wanting to know what the Board will decide. First of all, I always like to let them know that it will be a while before the VA gets back to us on a decision. It can be up to one year after a hearing that a decision is made. Once you get a decision, there are three outcomes from the Board of Veterans’ Appeals: a grant, a remand, or a denial.
It is pretty cut and dry; you are either granted or denied based on the evidence. The Board Member may also remand it back to the Regional Office. When a Board Member issues a remand it is to obtain more information that the regional office failed to acquire or to fix an error made at the lower level. Once further action has been taken or evidence has been obtained, then a DRO will make a decision. Please note that a full grant, as opposed to a remand, is very seldom received.
After a denial you have three options: file a reconsideration with the BVA, go back to regional office and re-open your VA Disability Claim, or file an appeal with the CAVC, U.S. Court of Appeals for Veterans Claims. If you decide to re-open with new and material evidence the claim(s) effective date will be the date of the re-open and you will lose the original date that you filed along with your back pay.
If you need help with claims at the BVA level, please call our office today. 1-877-838-3726. Or you can find out more about the VA Legal Process by clicking here.