Overview
• SDDVA Statistics
• Appeals Deadlines
• Duty to Assist
• Form 10182• BVA Appeals
Review Options
• Types of Evidence
• Preparing Appeal to BVA
• Appeals Writing
• Hearings• Types of BVA
Decisions• Case Studies
SDDVA Statistics
• 2020• Grant 79• Deny 60• Remand 23• Withdraw 5
• 2021 (as of Apr 2021)• Grant 27• Deny 18• Remand 6• Withdraw 2
As of May 2021 - 202 appeals pending at the BVA Level
• 2019• Grant 49• Deny 25• Remand 15• Withdraw 3
2020 Hearings Highlight
Year Total Hearings
2011 29
2012 34
2013 29
2014 36
2015 43
2016 22
2017 10
2018 41
2019 42
2020 92
Appeals Deadlines
and “Timelines”
• Under AMA there is one “deadline”• Decisions within the last 365 days
• BVA average “timeline” • Direct review
Decision anytime in those 1-2 years• Evidence submission
Decision anytime in those 1-2 years• Hearing
2-3 years wait Decision in 9-12 months after hearing
• No OFFICIAL timeline for any BVA lanes
BVA Days Pending on Average
https://www.bva.va.gov/Appeals_Metrics.asp
Average is an AVERAGE not a promise
BVA Expedited Claims• Expedite due to Age 75
• Age 85 for all other claims, but Board will expedite at age 75
• Homeless
• Terminal
To get a claim expedited, documentation is required
What is Duty to Assist?
• Only with 21-526ez, 21-527ez, 21-534ez and 20-0995• VA will assist in obtaining information and uploading that to VBMS
• Development letters give information on what might help grant a claim• Obligated to review the entire file• VA will request medical records with 21-4142 and 21-4142a• VA will request Military and Veterans Affairs records
BVA & Duty to Assist
• There is NO duty to assist at the BVA level• Identify error in a DTA = remand• Assure VA considered all the evidence before
choosing the BVA• Ask about and include all private medical
documents• Ensure all VA treatment and exams are
available (board will NOT pull new VA treatment)
• BVA will not review the entire file or pull medical records from VA
• The work of the VSO is the only “duty to assist” the veteran gets
• AMA only looks at the file from the date of notification to current
VA Form 10182
https://www.va.gov/find-forms/about-form-10182/
• Part 1 – Claimant’s info
• Part 2 – Board Review Option• Breakdown on next slide
• Part 3 – Evidence and issues• Indicate IF there are attachments of
additional issues or evidence• Check IF opting in from SOC/SSOC (not
recommended) • Date of notification NOT rating decision
• Part 4 – Sign and date • Accredited Representatives can sign
BVA Appeal Review Options
Direct Review Evidence Submission Hearing with VLJ
No Evidence or Statement
Fastest Decision
If you don’t have a lot of timeEvidence is there and nothing to add
Evidence and/or Statement 90 days
Medium timeline
Statement in lieu of testimonyItems that would help claim
Evidence w/10182 or w/in 90 daysafter hearing
Slowest Method
Complex casesCases not presumptive
Changes to the selection can be made on a new 10-182 but should only be made if still inside the 365-day window
Listing Conditions• What are we disagreeing
with?• Service connection• Evaluation• Effective date
• Use wording off the VA rating/codesheet
Preparing and Bringing
Appeal to BVA
• Properly set the veteran’s expectations• Prepare a clear path from beginning to
end• What is the in-service
incident/exposure or is it secondary?• Current condition• Fill in gaps with medical records and
statements to lead toward a nexus• Point out already submitted favorable
evidence• Concentrate only on what is missing
• Favorable findings are considered binding
Types of Evidence
• Inservice incident or Exposure• STRs• Personnel records• Buddy statements • Private medical records
• Current Disability• Current diagnosis
• Nexus• Current doctor opinion• Evidence of continuity of care• Evidence must weigh equally or in the favor of the veteran
Appeals Writing
Formal, but not overly wordy
Factual and not emotional
Include where/when to find information in
VBMS
End with what outcome is desired
Concentrate only on the items needed to grant
the appeal
Remember VA has no duty to assist
Hearings• Video Conference Hearing – Resumed in April of 2020 in SD
• Virtual Hearing – Preferred method and counties can host
• Travel Board Hearing – Being phased out
Hearings – What to Expect
1. Start prep when filing 101822. Hearing scheduled (optional)3. I review the Prep and create
questions for hearings once it is scheduled
4. I will set up a time a week before hearing date with the veteran to go over the case
5. Hearing day we are prepared6. Two to five months later I will
upload the hearing transcript7. Wait for the decision
Types of BVA Decisions
• Grant• Benefits sought were allowed
• Denial• Benefits sought were denied
• Remand• BVA needed more information to make the decision• May not go back to the BVA. VA will fulfill the requirements
listed on the Remand
BVA Grants
• BVA Decision comes from Washington DC
• Regional Office generates the narrative, code sheet, and award Letter
• Months can pass between the VA decision and any payments
BVA Remands
• Opportunities to learn what could have been provided to avoid a remand
• Can be lengthy• Pay attention to
development• Can be
granted/denied by RO under AMA
Ongoing – Case Study
Legacy –Degenerative Changes of the Spine
• 28 Apr 1969 STR
• 13 Mar 2018 Rating
• 18 Nov 2018 NOD
• 14 Aug 2019 SOC
• 08 Oct 2019 Form 9
• 28 Oct 2019 646
• 15 Mar 2021 Hearing transcript
Evidence Submission -Polycystic Kidney
• 21 Oct 2020 – Rating Narrative
• 6 Nov 2020 – Med Rec (sent direct by veteran/congressional)
• 14 Dec 2020 – 0995 and statement (sent by SDDVA)
• 21 Dec 2020 – Rating Narrative Denial
• 19 Mar 2020 – 10182 with statement in evidence submission lane
• 31 Mar 2021 – BVA Docketed appeal