When you receive a letter of denial from Department of Veteran Affairs (VA), you can file either a DRO (decision review officer) appeal, or a BVA (Board of Veterans Appeals) appeal. A BVA appeals takes much longer than a DRO appeal. With a DRO appeal, the VA will ask you to provide more information on what parts of the VA decision you wish to be reviewed. If you requested a hearing, the VA will schedule the hearing upon receipt of your information. If you didn’t request a hearing, the DRO will based their decision on information contained on records on file for your claim. If the DRO upholds the VA’s denial decision, you can appeal to the Board of Veterans Appeals.
With a BVA appeal, the VA prepares a summary of the VA’s denial decision, called a Statement of the Case. The VA then sends the Statement of the Case to you, and it typically takes months for them to do this. When you do receive the Statement of the Case, you have to file your BVA appeal within 60 days. You will need to file a VA Form 9. You can download a form right from the VA’s website. Form 9s can be a bit challenging to complete, so it may be wise to have a qualified elder law attorney assist you with filling out the form.
When you complete and file your Form 9, the waiting continues, as it could be several months before your regional VA office transfers your file to the BVA. You’ll know that the BVA received your file when you receive instructions from the BVA with appeal instructions.
