Board of Veterans' Appeals

Established by Executive Order on July 28, 1933, the Board reviews and makes decisions on appeals concerning veterans' benefits.

Its mission is to conduct hearings and issue decisions promptly, ensuring all relevant evidence and applicable laws and regulations are considered to provide fair outcomes for veterans, their dependents, and survivors.

[1] The Board's jurisdiction covers all questions in matters involving decisions by the Secretary under laws affecting the provision of benefits to veterans, their dependents, or survivors.

The Chairman ranks equivalent to a department Assistant Secretary and is nominated by the President and confirmed by the Senate for a term of six years.

Their primary role is to provide oversight, guidance and management of the work product of the Veterans Law Judges, helping identify, consider, and resolve motions and appeals.

The Secretary may appoint any number of members that he or she deems "necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner".

[4] Those members are appointed by the Secretary, based on recommendations by the Chairman, and with the approval of the President, and must be an attorney "in good standing" with any state bar.

Veterans and their representatives contest decisions by an Agency of Original Jurisdiction (AOJ) by filing a Notice of Disagreement (NOD).

The Veterans Law Judge (VLJ) may ask clarifying questions to better understand the case, but generally, the hearing is considered non-adversarial.

A remand is not a final decision but a directive for further action, such as gathering additional evidence, obtaining a medical opinion, or addressing procedural errors.

In legacy appeals, a remand directs the AOJ to complete specific development actions such as gathering new evidence or obtaining medical opinions.

The Board may remand a legacy appeal if there is a procedural defect, such as a failure to provide a required notice or assistance, or if further development of evidence is necessary.

§ 7252, exclusive jurisdiction for the review of Board decisions is vested in the United States Court of Appeals for Veterans Claims.

CAVC reviews are limited to determining whether the Board's decision adheres to applicable veterans' law, federal administrative procedures, and/or the Constitution.

The final avenue for appeal is to the Supreme Court of the United States, which may review the case if it presents a significant legal issue.

The BVA faces several challenges, including managing the increasing volume and complexity of appeals, reducing wait times, and addressing backlogs.