Frequently Asked Questions

You have 120 days from the mailing date of your final BVA decision to file an appeal. The Court cannot usually extend this time, so file your appeal as soon as possible!

• Complete the Court’s Form 1 (Notice of Appeal) and send it to the Court 
   
• Submit the one-time $50 filing fee or ask the Court to waive the fee by filing the Court’s Form 4 (Declaration of Financial Hardship)
   
• If you cannot download these forms from the links above, you can request them from the Court at the address below or call The Veterans Consortium and they can send them to you
   
• If you are coming close to your 120 day deadline, you can write your own Notice of Appeal to the Court
   
• Simply write on a piece of paper (hand written or typed): “I want to appeal my BVA decision dated _______”  
   
• Make sure you include your name, current mailing address, phone number, email address (if you have one), and your VA Claim number
   
• You do not need a lawyer to file the appeal
   
• Note: You can only appeal a final BVA decision that denied some or all of your requests for benefits
   

Don’t forget the 120-day deadline for filing. Mail, hand deliver, or fax the completed form(s) to:
 

*If the Appeal is faxed to the Court, contact the Court to confirm that the Notice of Appeal is received. The Court is not responsible for faxed, but unconfirmed, Notices of Appeal. 
 

Send your Notice of Appeal Form directly to the Court.  Do not send it to the VA!
 

• A Notice of Appeal will still be on time even if the Court does not receive it within the 120-day deadline IF you mailed it to the Court’s correct address AND it contains a legible U.S. Postal Service postmark dated within the 120-day time limit.
   
• Regular, first class mail is fine. You do not need to send it express mail, priority mail, or certified mail.
   
• Note that a Federal Express, UPS or other delivery service date stamp, or foreign postal service postmark, does not count, and if you send your Notice of Appeal in any of these ways, the date the Court actually receives your Notice of Appeal will be your filing date.

If the Court Disagrees with the BVA's decision, usually it will remand (send back) your case to the Board of Veterans’ Appeals for additional action or to resolve the question that has been appealed.
 

• Only rarely does the Court reverse a BVA decision or substitute a decision of its own.
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• Even if the Court decides you are entitled to benefits, the VA determines how much money is owed to you.
   

Once your case has returned to the BVA for resolution by the VA at the Court’s direction, there may be basis for another appeal if you think the VA:
 

• Did not pay you all the money that you believe you should have received
   

OR
 

• Did not grant the proper or complete rating.

If the Court remands your case, the BVA will review its original decision as directed by the Court. The BVA may also send your case to a VA Regional Office (or the Appeals Management Center) for additional information, especially if an examination is requested.

If you have hired a lawyer, the lawyer may continue to assist you if the case is returned to the BVA.

This decision is strictly up to you. You may find it helpful to have someone to assist you with the remand process. You may ask your appeals attorney if they will continue with your case.
If your lawyer does not continue to help you, you may want to contact a veterans’ service organization who can help.

• If you worked with a veterans’ service organization before, you may have previously given a power of attorney to them and they can assist you with your remanded case.

You or your lawyer can ask the Court to reconsider its decision. You have 21 days from the date of the Court’s decision to do this.
 

• If your case was decided by a single judge, you can also ask for review by a panel (three judges) of the Court, and
   
• If your case was decided by a panel, you can ask for review by the entire Court (seven judges).
   

If the Court rules against you on these requests, you may be able to appeal to a higher court—the U.S. Court of Appeals for the Federal Circuit.
 

• That Court may only review certain decisions of the Court of Appeals for Veterans Claims.
   
• Remember that neither the Pro Bono Program, nor the lawyers in the Program, are required to assist you beyond the U.S. Court of Appeals for Veterans Claims. Your lawyer can explain your options further.

There may be financial assistance available to the attorney that represented you (if applicable) under a federal law called the Equal Access to Justice Act (EAJA).
 

• This law permits an appellant (via the attorney) to ask the government to pay his or her lawyer’s fees and expenses.
   
• EAJA fees can only be filed if the lawyer who represents you wins. “Winning” for EAJA purposes is sometimes complicated.
   
• Whether or not your case qualifies under EAJA depends on the result in your case and the reason the case was resolved in a particular way. If it seems your case could qualify under EAJA, your lawyer will submit an EAJA claim to the Court.
   
• An EAJA award does not reduce or affect any money that you might receive from the VA. This money is not part of your VA benefits, and is not intended to be compensation for you.
   
• EAJA represents payment to the lawyer for the work that he or she did on your appeal. For this reason, the retainer agreement that you signed with your lawyer at the beginning of your case may contain a power of attorney that permits your lawyer to cash the EAJA check.