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thedrifter
01-25-03, 12:48 PM
A VA claim may be appealed from the Board of Veterans' Appeals to the Court of Veterans Appeals. This court is independent of the Department of Veterans Affairs. Only claimants may seek a review by the court; VA may not appeal BVA decisions.

To appeal to the court, the claimant must have filed a Notice of Disagreement on or after Nov. 18, 1988. The notice of appeal must be received by the court within 120 days after the Board of Veterans Appeals mails its final decision.


The court does not hold trials or receive new evidence. The court reviews the record that was considered by the Board of Veterans Appeals. Oral argument is held only at the direction of the court. Either party may appeal a decision of the court to the U.S. Court of Appeals for the Federal Circuit and to the Supreme Court of the United States. Appellants may represent themselves before the court or have lawyers or approved agents as representatives.

The court is decisions are published in West's Veterans Appeals Reporter, in the WESTLAW and LEXIS online services, and in the court's electronic bulletin board, which can be reached at 202-501-5836. For information about the court's rules and procedures, contact the Clerk of the Court at 625 Indiana Ave. NW, Suite 900, Washington, DC 20004, or call 1-800-869-8654.

Sempers,

Roger

CAS3
01-25-03, 10:02 PM
OK Roger..here is the truth


The Board of Vet Appeals is the deciding factor to VA appeals.
The vet may file a NOD notice of disagreement with in one year of the rating decision. Then the Vet has to file VA form 9 requesting a hearing (and there are a few types). Then the BVA decides the case.