DISABILITYVA program

Board of Veterans' Appeals (BVA)

Veterans may appeal to the BVA for review by a Veterans Law Judge, choosing from direct review, evidence submission, or a hearing with the judge as their docket option.

View on VA.gov

Step-by-step guide

What every Board Appeal needs

A decision the Board can reviewA VA decision on an initial claim, a Supplemental Claim, or a Higher-Level Review, dated on or after February 19, 2019. You cannot file 2 Board Appeals in a row on the same claim.
A form filed within 1 yearVA Form 10182, on paper or online, must reach the Board, or be postmarked, within 1 year of the date on your decision letter. A letter or a different VA form does not count and does not stop the clock. A contested claim, where two people claim a benefit only one can get, has 60 days.
Each issue you disagree with, listedEach issue from the decision, with the date on its decision letter and what you disagree with, such as a denial, the rating percentage, or the date payments start. The Board considers only the issues you list.

Source: 38 CFR 3.2500(c) (opens in new tab); 38 CFR 20.4 (opens in new tab); VA.gov: Board Appeals (opens in new tab); 38 CFR 20.203 (opens in new tab); 38 CFR 20.110 (opens in new tab); 38 CFR 20.202(d) (opens in new tab); 38 CFR 20.202(e) (opens in new tab); 38 CFR 20.402 (opens in new tab); VA Form 10182 (opens in new tab); 38 CFR 20.202(a) (opens in new tab)

The Board's three review options

What all three options share
Every Board Appeal starts the same way: VA Form 10182, filed with the Board within 1 year of the date on your decision letter, naming each issue you disagree with. A Veterans Law Judge then looks at your case fresh. The judge reviews the evidence your option allows and follows the law and VA regulations, not VA's claims manual.
Source: 38 CFR 20.202(a) (opens in new tab); 38 CFR 20.203 (opens in new tab); 38 CFR 20.801 (opens in new tab); 38 CFR 20.105 (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA Form 10182 (opens in new tab)
Direct Review
The judge decides on the evidence VA had when it made its decision. You do not add new evidence, and there is no hearing. Direct Review has its own docket.
1. The evidence VA already hadThe record as it stood on the date of the decision you appeal. A written explanation of why you think VA got an issue wrong can still go with your form.
Source: 38 CFR 20.202(b) (opens in new tab); 38 CFR 20.301 (opens in new tab); 38 CFR 20.800 (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA Form 10182 (opens in new tab)
Evidence Submission
You add new evidence without a hearing. The judge reviews it together with the evidence VA had when it made its decision.
1. New evidence sent in the 90-day windowEvidence sent with your form, or within 90 days after the Board receives the form. The Board does not consider evidence sent after the window, and its decision tells you how to have that evidence reviewed.
Source: 38 CFR 20.202(b) (opens in new tab); 38 CFR 20.303 (opens in new tab); 38 CFR 20.800 (opens in new tab); VA.gov: Board Appeals (opens in new tab); 38 CFR 20.801 (opens in new tab); VA Form 10182 (opens in new tab)
Hearing with a Veterans Law Judge
You talk with a Veterans Law Judge by virtual tele-hearing from home, by videoconference at a VA location near you, or in person at the Board in Washington, DC, at your own travel cost. A hearing is optional.
1. A hearing request on your formA hearing can be requested only on VA Form 10182, or on a new one that changes your review option. Each appeal gets one hearing unless the Board finds good cause for another.
2. Your testimony, and evidence in the hearing windowWhat you and your witnesses say under oath becomes part of the record. New evidence counts when you bring it to the hearing or send it within 90 days after.
Source: 38 CFR 20.202(b) (opens in new tab); 38 CFR 20.302 (opens in new tab); 38 CFR 20.702 (opens in new tab); 38 CFR 20.703 (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA.gov: Board hearings with a Veterans Law Judge (opens in new tab); VA.gov: virtual hearings for a Board Appeal (opens in new tab); 38 CFR 20.700 (opens in new tab); 38 CFR 20.708 (opens in new tab); 38 CFR 20.712 (opens in new tab)

Time limits

File VA Form 10182 within 1 year of the date on your decision letter. A contested claim has 60 days. Evidence Submission: evidence is due with the form or within 90 days after the Board receives it. Hearing: evidence is due at the hearing or within 90 days after it. You have 120 days from the date on a Board decision to appeal to the Court, and 1 year to file a Supplemental Claim that keeps your effective date (the date your payments start).

What to gather, and what it shows VA

Documents for this benefit: what each is, what it shows VA, and how VA gets it
Document	What it shows	How VA gets it	Have it?
Your decision letter The VA letter that decided your claim or review. It lists each issue decided, and its date starts the 1-year clock.	The issues and the decision date	VA mails it after each decision. You can download decision letters for certain claims, reviews, and appeals on VA.gov. Copy each issue and its decision date onto VA Form 10182.	Yes
Board Appeal request (VA Form 10182) The Notice of Disagreement. It names each issue you appeal, the date of each decision, and the one review option you choose for those issues.	What you appeal, and how the Board reviews it	You file it with the Board online on VA.gov, by mail, by fax, or in person at a VA regional office. Issues that need different review options go on separate forms.
The evidence VA already had Everything in your VA file on the date of the decision, such as service records, medical records, exam reports, and statements.	The facts the judge reviews on every option	VA already holds it, and it is part of your appeal. You do not send it again.
Your written argument Pages sent with VA Form 10182 that explain why you think VA decided an issue wrong.	Where you think VA went wrong	Attach the pages to VA Form 10182, with the veteran's last name and VA file number on each. The Board considers argument sent with the form on every review option, including Direct Review.
New medical records or opinions Treatment records, test results, or a written opinion from a provider that VA did not have when it made its decision.	Facts VA did not have before	Only on Evidence Submission or a Hearing. You get copies and send them to the Board, at the VA address for Board Appeals, in the window your option allows. VA's duty to help gather evidence covers claims, not Board Appeals.
New written statements Your own written account, or one from someone who knows the facts, such as a fellow service member or a family member.	What you and others saw or know	Only on Evidence Submission or a Hearing. Your statement can go on VA Form 21-4138, and a witness can use VA Form 21-10210. Send them to the Board in the window your option allows.
Your hearing testimony What you tell the judge at the hearing, under oath or affirmation.	Your account, in your own words, to the judge	Given at the hearing. The Board records it, writes a transcript, and adds the transcript to your appeal file. You can ask for a copy.
Witness testimony Testimony at the hearing from someone who knows the facts, given under oath or affirmation.	What others saw or know, in their own words	The witness attends the hearing, and VA does not pay witness travel or other costs. The judge hears the testimony, and no one cross-examines the witness.

Evidence goes to the Board, not to BeneVets. Send it only in the window your review option allows.

Steps, in order

Find the date and issues on your decision letter
The filing deadline under Time limits counts from the date on the decision letter. Note each issue decided and its decision date; they go on the form.
Source: 38 CFR 20.203 (opens in new tab); 38 CFR 20.202(a) (opens in new tab)
Get free help from a VSO
Free help: an accredited VSO can file this with you. Find one near you in the BeneVets VSO directory at Find an accredited VSO near you. You have the right to a representative at every stage of an appeal. To file the appeal for you, a representative needs your signed appointment on record or sent with the form: VA Form 21-22 for a VSO, or VA Form 21-22a for an attorney or claims agent. Attorneys and claims agents can charge a fee for an appeal, because it comes after VA's initial decision; VSO help is free.
Source: VA.gov: accredited representatives (opens in new tab); 38 CFR 14.636(c) (opens in new tab); 38 CFR 20.5 (opens in new tab); 38 CFR 20.204 (opens in new tab)
Choose a review option for each issue
Pick Direct Review, Evidence Submission, or a Hearing. One form carries one option, so issues that need different options go on separate forms.
Source: 38 CFR 20.202(b) (opens in new tab); 38 CFR 20.800 (opens in new tab); VA Form 10182 (opens in new tab); VA.gov: choosing a decision review option (opens in new tab)
List each issue and its decision date
On VA Form 10182, list every issue you want the judge to review and the date on its decision letter. For each one, say what you disagree with, such as a denial, the rating percentage, or the date payments start. The Board considers only the issues you list. You can attach pages explaining why you think VA got an issue wrong.
Source: 38 CFR 20.202(a) (opens in new tab); VA Form 10182 (opens in new tab)
Pick how you would attend a hearing
If you want a hearing, choose on the form: a virtual tele-hearing from a computer, tablet, or phone with a camera and microphone, a videoconference at a VA location, or an in-person hearing at the Board in Washington, DC, at your own travel cost. For a virtual hearing, put your email address and your representative, if you have one, on the form. After the Board tells you the method, you can ask once to change it.
Source: 38 CFR 20.702 (opens in new tab); 38 CFR 20.703 (opens in new tab); 38 CFR 20.704 (opens in new tab); VA Form 10182 (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA.gov: virtual hearings for a Board Appeal (opens in new tab)
File VA Form 10182 on time
File online on VA.gov, mail it to Board of Veterans' Appeals, PO Box 27063, Washington, DC 20038, fax it to 844-678-8979, or bring it to a VA regional office. It is on time if the Board receives it, or it is postmarked, by the deadline under Time limits. If that deadline has passed and you had good cause, check the extension box on the form and attach a page explaining why; the Board decides whether the reason is good cause.
Source: 38 CFR 20.203 (opens in new tab); 38 CFR 20.110 (opens in new tab); VA Form 10182 (opens in new tab); VA.gov: Board Appeals (opens in new tab)
Evidence Submission only: send new evidence in your window
If you chose Evidence Submission, send new evidence with the form or in the window under Time limits. Direct Review takes no new evidence, and a hearing has its own window. The Board does not consider evidence sent after the window, and its decision explains how to have that evidence reviewed.
Source: 38 CFR 20.303 (opens in new tab); 38 CFR 20.301 (opens in new tab); 38 CFR 20.801 (opens in new tab); VA Form 10182 (opens in new tab); VA.gov: Board Appeals (opens in new tab)
Answer any Board letter asking what you meant
If the Board cannot tell which issues or which option you meant, it writes to ask. Answer by the later of 60 days from its letter or 1 year from the date on the decision letter you appealed. Issues you do not clarify in time are not appealed.
Source: 38 CFR 20.202(g) (opens in new tab); VA Form 10182 (opens in new tab)
Watch for the docket letter
If the Board accepts your appeal, it sends a letter saying your case is on its docket, the list of cases it reviews in order. On Evidence Submission, your 90 days count from the day the Board received your form, not from this letter. Apart from sending evidence in your window and going to any hearing, you do not need to do anything unless the Board writes to ask for more information. You can check your status on VA.gov.
Source: 38 CFR 20.800 (opens in new tab); 38 CFR 20.303 (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA.gov: check your claim, decision review, or appeal status (opens in new tab)
Hearing: watch for the notice
The Board schedules hearings in docket order and sends notice of the date, time, and place at least 30 days ahead. For a virtual hearing, the email has a link to test your device and a link to join.
Source: 38 CFR 20.703 (opens in new tab); VA.gov: Board hearings with a Veterans Law Judge (opens in new tab); VA.gov: virtual hearings for a Board Appeal (opens in new tab)
Hearing: know what happens
The judge swears you in, listens to your testimony, and may ask questions. Your representative can help you, and witnesses can testify. The hearing is not adversarial, and no one cross-examines you or your witnesses. It is recorded and transcribed. VA says hearings usually last 30 minutes. In a virtual hearing, family members or caregivers can be with you.
Source: 38 CFR 20.700 (opens in new tab); 38 CFR 20.708 (opens in new tab); 38 CFR 20.712 (opens in new tab); VA.gov: Board hearings with a Veterans Law Judge (opens in new tab); VA.gov: virtual hearings for a Board Appeal (opens in new tab)
Hearing: bring or send evidence in the window
Bring new evidence to the hearing or send it in the window after it, under Time limits. Those are the only windows the hearing rule counts, so VA asks that you not send new evidence before the hearing.
Source: 38 CFR 20.302 (opens in new tab); VA.gov: Board hearings with a Veterans Law Judge (opens in new tab)
Hearing: reschedule or withdraw in writing
To reschedule, send the Board a written request with good cause, such as illness or trouble getting records, at least 14 days before the hearing; closer than that, file a written motion explaining why. You can withdraw a hearing request in writing before the hearing date and still send evidence within 90 days after the Board receives the withdrawal. If you miss a hearing without a postponement, the Board treats the request as withdrawn, and you still have 90 days from the hearing date to send evidence. A written motion for a new date is due within 15 days of the hearing date, and it has to explain why you missed the hearing and why you could not ask to postpone in time.
Source: 38 CFR 20.704 (opens in new tab); 38 CFR 20.302 (opens in new tab); VA.gov: Board hearings with a Veterans Law Judge (opens in new tab)
Read the Board's decision
For each issue, the Board grants, denies, or dismisses it, or sends it back to VA in a remand to fix an error, such as records VA should have gathered before its decision. A remand is not a final decision: VA decides the issue again and sends a new decision with your review options.
Source: 38 CFR 20.801 (opens in new tab); 38 CFR 20.802 (opens in new tab); 38 CFR 20.1100 (opens in new tab); 38 CFR 3.2502 (opens in new tab)
If you disagree with the Board's decision
VA lists two paths, each with a deadline under Time limits. File a Supplemental Claim on VA Form 20-0995 with new and relevant evidence; filed in time, it keeps your effective date. Or appeal to the U.S. Court of Appeals for Veterans Claims, filing with the Court, not with VA. The Board's rules also allow a written motion asking the Board to reconsider a decision for an obvious error of fact or law; a representative can help you weigh it against the other paths.
Source: 38 CFR 3.2500(c) (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); 38 CFR 3.2501 (opens in new tab); 38 CFR 20.1001 (opens in new tab); VA.gov: after a Board Appeal decision (opens in new tab); VA.gov: Board Appeals (opens in new tab); VA Form 20-0995 (opens in new tab)

Good to know

Findings in your favor stay in place

If your decision letter lists a finding in your favor, such as a confirmed diagnosis or an event in service, the judge is bound by it unless it is shown to be clear and unmistakable error, a rare kind of error that reasonable minds could not dispute. The decision gives its findings and reasons for each issue.

Source: 38 CFR 20.801 (opens in new tab); 38 CFR 20.1403 (opens in new tab)

One review at a time for each issue

While an issue is in one review option, you cannot file a different review option for that issue. While a benefit is on appeal in federal court, you cannot file a VA review option for it. Different issues from the same decision can take different options.

Source: 38 CFR 3.2500(b) (opens in new tab); 38 CFR 3.151(c) (opens in new tab); VA Form 10182 (opens in new tab)

Changing your option, or withdrawing

To switch review options, file a new VA Form 10182 within 60 days after the Board receives your first form, or within 1 year of the date on your decision letter, whichever is later. You cannot switch after you send evidence or testify, and a switched appeal keeps its original docket date. The form also has a box asking the Board not to hold its decision until that switch window closes; it does not move you up the line, and once the Board decides, you cannot switch. You can withdraw any issue in writing to the Board. Within 1 year of the decision you appealed, you can still file another review option for that issue and keep your effective date. After that year, only a Supplemental Claim is left, and pay can start no earlier than the date VA gets it.

Source: 38 CFR 20.202(c)(2) (opens in new tab); 38 CFR 20.800 (opens in new tab); 38 CFR 20.205 (opens in new tab); 38 CFR 3.2500(h) (opens in new tab); VA Form 10182 (opens in new tab)

Asking to move up the docket

The Board decides appeals in docket order. You or your representative can file a written motion asking the Board to advance your appeal for serious illness, severe financial hardship, age 75 or older, or other sufficient cause. The motion names the reason, the veteran, and the VA file number.

Source: 38 CFR 20.800 (opens in new tab)

Older appeals follow the legacy process

This chapter covers decisions dated on or after February 19, 2019. A Notice of Disagreement on a decision dated before then follows the legacy appeal process, which has its own rules and forms. After a Statement of the Case or Supplemental Statement of the Case in a legacy appeal, you can switch to this system on VA Form 10182. The deadline for that is 60 days from that letter or 1 year from the original decision, whichever is later.

Source: 38 CFR 20.4 (opens in new tab); VA.gov: decision reviews and appeals (opens in new tab); VA Form 10182 (opens in new tab)

BeneVets is informational and is not an accredited representative. Free help: an accredited VSO can work through VA benefits with you at no cost. Find an accredited VSO near you