What is a BVA hearing for a disability claim and how should I be prepared for it?

A BVA or Board of Veterans Appeal hearing is necessary in a DRO veterans disability claim when a DRO or decision review officer does not reverse, even partially, an initial ratings decision.

To ask for a BVA hearing, the claimant should file an appeal form or VA Form 9 at the local regional office. Hearing options are available before the BVA. The claimant could request a hearing at the Washington D.C. Office, or a video link-up between a local regional office and the Washington D.C. Officer. Also, another option would be to go to a local board member and present your case.

Generally, the second option is the fastest. The first option is a little expensive, while the last options usually takes a lot more time due to delays that might be caused by the limited number of local judges.

A BVA hearing is usually conducted informally. A board member would be present to review the claimant's case. Also, the claimant can have a lawyer or any legal representative present.

To be able to arrive at a more accurate decision and a better insight of the case, the board member will ask the claimant several questions, as in the DRO's evaluation. Eventually, the Board will decide on whether to allow, deny or defer the case back to the regional Veterans Appeal office. The latter to be able to gather more information regarding the case before it is further evaluated. Afterwards, the claimant will be informed as to what the decision on the case was, approved or denied.

In preparing for a BVA hearing, it is best to have a legal representative or an attorney. The attorney can help you assess what steps you have to take and what documents you need to prepare. Moreover, an experienced attorney can very well represent you during the hearing.