The BVA Direct Review Docket And How to Use It
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- čas přidán 25. 07. 2024
- Learn more about the Board of Veterans' Appeals direct docket here: www.woodslawyers.com/veterans...
0:00 The BVA Direct Review Docket Introduction
0:34 The three options for appealing to the BVA in the Appeals Modernization Act
0:49 How to use the Direct Review Docket to Appeal the VA decision on your claim
1:34 Advantages to choosing the direct review lane for a faster VA decision
2:10 Timeline for VA appeals using the direct review docket
2:30 Who should choose this lane for their VA disability appeal?
If you are a veteran who has had your VA disability claim denied, you should consider appealing that decision. The Appeals Modernization Act gives you 3 options for appealing a rating decision to the Board of Veteran’s Appeals.
No matter how you appeal, you have to submit your appeal notice within one year of the date on your decision letter.
You’ll file that appeal with VA form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). We call it an NOD.
Use an NOD form to state your appeal. Under the new AMA, you have to choose one of these three types of appeal:
1. Hearing review: you want to have a hearing with new evidence before a judge
2. Evidence review: you have new evidence to add to your case but you don’t need an actual hearing
3. Direct review docket: All of your evidence is already in your file and you want the VA to take a second look
In this video, Certified VA disability Lawyer Lori Underwood focuses on #3 - the direct review docket.
When you submit an NOD stating you disagree with the VA, your record is closed. The board will only look at your file as it stands. You cannot add new evidence at this point. If you think that your evidence in your file is complete, this is the best lane for you to pick.
You will not add any evidence to this type of appeal or have an in-person review.
If you submit evidence after choosing the direct docket lane, they won’t consider it at all. Make sure this is the right lane for your case before you send it in. You can call our office anytime for a free evaluation of your claim. We’ve helped thousands of veterans get the right VA disability benefits.
Benefits to the Direct Review Docket Lane:
The Direct Review Docket is the quickest lane for getting a decision. It’s faster than hearing or evidence lanes. The BVA’s goal is to get your decision back within 365 days. So far the VA has kept that goal.
If you are 100% certain that you don’t need to add anything to your file, this is a great option for your VA disability claim.
If you need any help deciding which lane is best for your VA appeal, give us a call. We have helped thousands of veterans with their disability appeals.
You can learn more about our VA appeals lawyers at Woods and Woods here: www.woodslawyers.com/veterans...
If you are unable to work due to your service-connected disabilities, you may qualify for total disability based on individual unemployability (TDIU) benefits. Contact us to see if you are eligible. Give us a call and receive a free legal consultation.
We have helped thousands of veterans all over the United States and we only charge a fee if we win your case.
Woods and Woods, LLC
The Veteran’s Firm Helping Vets in all 50 States & Puerto Rico
www.WoodsLawyers.com?.com&DirectDocket
1-800-544-2108
Thank you for the helpful insights.
When would the brief need to be submitted? Would one have up to 90 days to submit the brief after submitting the direct docket appeal?
In the AMA appeals system, veterans have one year from the rating decision to submit a Board Notice of Disagreement form. Our firm typically submits a brief at the same time as the BNOD form.
would this work for CUE's as well?
We don't see why not. CUE claims don't require new evidence, only a request in writing to revise a decision based on a clear and unmistakable error.
Are you talking about supplemental, HLR or Board Appeal???
The direct review docket is one option of the Board of Veterans Appeals lane. In the AMA appeals process, there are three lanes:
1 - Higher level review
2 - Supplemental claim
3 - Appeal to the BVA
If you choose the third lane, you will have three options:
A - Direct review docket
B - Evidence docket
C - Hearing docket
Here's some additional information about the AMA appeals process: www.woodslawyers.com/veterans-appeals-improvement-and-modernization-act-2019/
Is the direct review 365 day timeline you mentioned true for TDIU appeal? Mine was filed December 16th 2020 with Woods and Woods. My point of contact recently emailed me this- There are currently 28,535 cases pending a direct docket decision. While this is still a large amount, comparing the three options to argue a case at the BVA level, this is the best for your claim as the BVA recently informed us they are working direct docket cases before those with evidence and/or requesting a hearing.
Hi Ed. My apologies for the delayed response. I checked with our attorneys, and as far as we know, 365 days is still the goal for direct docket. The BVA is reporting an average of 300 days time on desk for this option. However, that's just an average figure. Your case manager will continue to be in touch with you about the status of your appeal!
Did they settle your claim within the 365 day timeframe???
@@DHard-mc2uw nope... VA still says waiting to be sent to a judge. It's not Woods and Woods fault though. Totally the very slow BVA
@@thehamms3 I was just curious because I submitted one July of last year. Looks like they won’t be meeting the 1 year deadline unfortunately.
I did mines Jan 2021 still waiting
Can a brief be included in a direct docket BVA appeal as an argument about the existing evidence?
Good question. Briefs are considered arguments, not evidence, so they may be included in appeals in a non-evidence lane, like direct docket.
Thank you.
Can evidence be submitted along with the BNOD?
If you request an appeal with the BVA, you file an NOD (VA Form 10182) and then choose one of three paths: 1. request that the board review the existing evidence; 2. submit additional evidence (within 90 days of the NOD) for the board to consider; 3. request a hearing with the board and submit new evidence. Yes, you can submit evidence with the NOD. If you have more questions about this, feel free to call us at 800-544-2018, or you can fill out our free consultation form at this link: www.woodslawyers.com/contact/