Fillable Appeal To Board Of Veterans Appeals (Page 5 of 5) in pdf

Here is specific information about each of the check boxes in Block 10:

Box A: Check Box A if you decide that you do not want a Board hearing. It is not necessary for you to have a hearing for the

Board to decide your appeal, and this is often the fastest option to issuance of a Board decision. If you feel that you have

already sent VA everything that the Board will need to decide your case, including making all desired arguments in support of

your appeal, then there is no need for a hearing to be held. In addition, a hearing is not needed if the only thing you would

like to do is submit additional evidence in support of your appeal. Instead, you may submit such additional evidence, or at a

minimum notify VA of its existence and request that it be obtained, without a hearing being held. If you choose, you may

also write down what you would say at a hearing and submit it directly to the Board. If you check this box, do not check any

of the other boxes in Block 10.

Box B: Check Box B if you want to appear at a live Board videoconference hearing. This option allows you to have a hearing

by way of videoconferencing where you will be at the local VA office and the Veterans Law Judge hearing your case will be

at the Board's offices in Washington, DC. Videoconferencing allows the Veterans Law Judge holding the hearing to see and

hear you, your representative, and witnesses (if any). You will also be able to see and hear the Veterans Law Judge. Please

note that choosing a live videoconference hearing will delay issuance of a Board decision in your appeal due to scheduling

demands. This type of hearing, however, can often be scheduled more quickly than a Board hearing where all participants

(including the Veterans Law Judge) are physically present together at the local VA office.

Box C: Check Box C if you want to appear for a hearing at the Board's offices in Washington, DC. Having your Board

hearing by live videoconference (Box B) is usually less expensive for you, because you will not incur expenses associated

with travel to Washington, DC. Please note that choosing a Board hearing in Washington, DC, will delay issuance of a

Board decision in your appeal due to scheduling demands.

Box D: Check Box D if you want a Board hearing at your local VA office. If you select this option, both you and the

Veterans Law Judge assigned to hear your case will be physically present together at the local VA office. Please note that

this option will significantly delay issuance of a Board decision in your appeal due to travel requirements and scheduling

demands for Board personnel. You can check with your local VA office for an estimate of how long it may take before your

case could be scheduled for a Board hearing at that local VA office.

HEARINGS BEFORE VA REGIONAL OFFICE PERSONNEL: A hearing before VA regional office personnel, instead of

before a Veterans Law Judge, is not a Board hearing. You can request a hearing before VA regional office personnel by writing

directly to the regional office. DO NOT use this form to request that kind of hearing. If you do, it will delay your appeal. You

should also know that requesting a hearing before VA regional office personnel does not extend the time for filing this form.

Blocks 11 and 12. This form can be signed and filed by either the person appealing the local VA decision, or by his or her

representative. Sign the form in Block 11 if you are the person appealing, or if you are a guardian or other properly appointed

fiduciary filing this appeal for someone else. In cases where an incompetent person has no fiduciary, or the fiduciary has not

acted, that person's "next friend," such as a family member, can sign and file this form. If the representative is filing this form,

Block 11 can be left blank. Regardless of who signs the form, we encourage you to have your representative check it over

before it is filed. Place the date you sign in Block 12.

Blocks 13 and 14. If you are a representative filing this form for the appellant, sign in Block 13. Otherwise, leave Block 13

blank. If you are an accredited representative of a VSO, also insert the name of the VSO in Block 13. Note that signing this

form will not serve to appoint you as the appellant's representative. Contact your local VA office if you need information on

appointment. Place the date you sign in Block 14.

7. WHERE DO I FILE THE FORM ONCE I HAVE COMPLETED IT? When you have completed the form, signed and dated

it, follow the instructions you received with your SOC of where to send the form.

8. OTHER SOURCES OF INFORMATION: You can find a “plain language” pamphlet that describes the VA appeals process

called “How Do I Appeal” on the Internet at: You can also find the formal rules for

the VA appeals process in title 38, Code of Federal Regulations, Part 20. A complete copy of the Code of Federal Regulations is

available on the Internet at: A printed copy of the Code of Federal Regulations may also

be available at your local law library. More general information about VA benefit programs and eligibility can be found on the

Internet at:

9. SPECIAL NOTE FOR ATTORNEYS AND VA ACCREDITED AGENTS. There are statutory and regulatory restrictions on

the payment of your fees and expenses and requirements for filing copies of your fee agreement with your client with VA.

See 38 U.S.C. 5904 and 38 C.F.R. 14.636-637.

NOTE: Please separate these instructions from the form before you file it with VA. We suggest that you keep these instructions with

your other papers about your appeal for future reference.

Appeal To Board Of Veterans Appeals Page 5

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