R i g h t a r d i a: Some VA disabilities can be expedited through the BVA

Friday, October 14, 2011

Some VA disabilities can be expedited through the BVA

Disabled vets can use the waiver of initial consideration of evidence to bypass the local VARO.

You may submit a request to the Board of Veteran Appeals (BVA) to decide your appeal faster, The BVA has the authority to grant such a request in limited circumstances, to include if you are of advanced age (75 years or older), have financial hardship or a serious illness, or for other sufficient cause. See 38 C.F.R. § 20.900(c).

Motions for advancement on the docket must be in writing and must identify the specific reason(s) why advancement on the docket is sought.

By law, you also have the right to have the local VA office conduct an initial review of any new evidence submitted in your case, even if the case is with BVA and the evidence has been submitted directly to BVA. See 38 C.F.R. § 20.1304(c).

If you provide a waiver of this right, then you agree to let BVA consider the new evidence and issue a decision without your local VA regional office reviewing that evidence first. Rightrdia has mentioned that the VAROs use an adversarial approach and the vet is more likely to get justice in front of a BVA administrative law judge.

Ina addition, if the BVA is already working on the remand, you can bypass the AMC and the local VARO with a waiver if you submit new evidence.

If you would like to send additional evidence or other correspondence to BVA, you may mail it to it at:

Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420 or fax it to (202) 565-4720.

Consider providing a waiver of initial consideration of any evidence you send to expedite the review of the new evidence without an initial VARO review.
Alternatively, if you chose not to waive this right, BVA must then automatically remand your appeal (i.e., send your appeal back to your local VA office) so that office can conduct an initial review of the new evidence and issue a new decision.

If you choose to waive initial review by the local VA office, you must submit a statement to this effect in writing with the evidence to: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420, or fax to (202) 565-4720.

You may also waive this right on the record at a BVA hearing, if you have one.

If you would like to send additional evidence or other correspondence to BVA during a remand action, , you may mail it to us at: Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420 or fax it to (202) 565-4720. Please consider providing a waiver of initial consideration of any evidence you send.

What you should include in a BVA waiver

If you want to make a request to advance your case, you (or your representative, if you have one) must do so in writing, and you must include the following information:

identify the specific reason(s) why you seek advancement
the name of the Veteran;
the name of the appellant, if other than the Veteran (i.e., a Veteran’s survivor, guardian, or fiduciary)
the applicable VA file number. You (or your representative, if any) must send your written request to: Director, Management, Planning and Analysis (014), Board of Veterans’ Appeals, 810 Vermont Avenue, NW, Washington, DC 20420.

sources:

http://edocket.access.gpo.gov/2003/03-23261.htm

http://www.bva.va.gov/ebenefits.asp