What is the Difference Between the BVA and the Regional Office
To understand the difference between the BVA and the Regional Office, there needs to be an understanding of basic appeals. An appeal arises when a decision from the VA is given and the veteran files the appropriate paperwork. In a general sense, the first level of appeal stays with the VA regional office.
Over the past several years however the VA has gone paperless and direct all claims through the National Intake Center. From there the case is assigned to a random regional office for processing the appeal. Thereafter, if the Regional Office makes a decision and the veteran objects then another level of appeal can be pursued. This time, however, the Regional office issues a statement of the case. This is a decision but more importantly marks the starting of the clock. A veteran has 60 days to file a form 9 and appeal the matter to the BVA.
The Board of Veterans’ Appeals (Board) is a part of the Department of Veterans Affairs (VA), located in Washington, D.C. The Board’s mission is to conduct hearings and decide appeals properly before the Board in a timely manner. 38 United States Code (U.S.C.) § 7101(a). The Board’s jurisdiction extends to all questions in matters involving a decision by the Secretary under a law that affects a provision of benefits by the Secretary to Veterans, their dependents, or their Survivors. 38 U.S.C. §§ 511(a); 7104(a). Final decisions on such appeals are made by the Board based on the entire record in the proceeding and upon consideration of all evidence and applicable provisions of law and regulation. 38 U.S.C. § 7104(a).
To get help with your appeal contact the Vet Defender and schedule an appointment. To schedule your appointment click on this link: Schedule an Appointment.