Board of Veterans’ Appeals and New Evidence Deadlines
In our last post we talked about veterans’ appeals and the great opportunity veterans have to improve their claims with new evidence at the Board of Veterans’ Appeals. After understanding how important this can be in winning your claim, you next need to know when your window of opportunity for submitting additional evidence ends. If you don’t adhere to these deadlines, you may get another denial at the Board of Veterans’ Appeals.
Deadline Extended by a Request for a Board of Veterans’ Appeals Hearing
If you do intend to submit additional evidence at the Board of Veterans’ Appeals level, the amount of time you will have to submit evidence will vary depending on a few factors. Specifically, the Board of Veterans’ Appeals’ strict deadlines for new evidence will vary depending on whether you have a Board hearing.
If you do not request a hearing as part of your appeal, you typically will have 90 days from the date of docketing to submit more evidence. The Board will send you a “90 day letter” notifying you of this deadline to submit additional evidence if you wish.
Here’s where it can get tricky – the Board of Veterans’ Appeals may decide your claim even faster than the 90 days. To allow you sufficient time to submit that evidence, upon receipt of this 90-day letter, you should immediately respond to the Board of Veterans’ Appeals in writing telling them that you will be providing additional evidence and request the full 90 days to do so. Otherwise, they could decide your claim at any time before you get the chance to add more evidence to the file.
If you did not request a hearing on your Form 9 appeal, you can do that in response to the 90 day letter if you wish. That would be a hearing before a Veterans Law Judge working for the Board of Veterans’ Appeals. There are three different hearing options to choose from. For now, we won’t get into whether you should have a hearing and, if so, what type of hearing is best for your particular situation.
You Can Submit New Evidence Up Through Your Board of Veterans’ Appeals Hearing
For now, we won’t get into whether you should have a hearing and, if so, what type of hearing is best for your particular situation. But, do know this: If you do select a hearing, regardless of where and how it will be conducted, you will then have additional time to submit evidence up through the date of the hearing. Essentially, VA regulations consider this hearing to take place within that 90-day period since the request was made within that period.
That is true even though the hearing likely will happen much later after the 90 days has expired. This can be a very valuable tool when you need additional time to submit evidence but do not have access to it yet. It can also help if you have not figured out exactly what that evidence will be.
If you decide not to have a hearing but simply respond to VA that you do intend to submit additional evidence within the 90 days, you will need to have that evidence submitted before the expiration of 90 days from the date of that letter.
If you realize that you will not be able to complete that submission within the allotted time, you will need to ask for an extension of time in advance with good cause shown. If you don’t submit the evidence or ask for an extension before the 90 days ends (counted from the date of the letter), you will not be able to submit additional evidence. Don’t let this deadline pass.
Board of Veterans’ Appeals Filled with Traps for Veterans
Many veterans are used to the relatively long deadlines that apply at the Regional Office level for Notices of Disagreement. Don’t be caught off guard by the tighter deadlines that apply at the Board of Veterans’ Appeals.
If your claim is at the Board or headed that way, it may be a good idea to talk with a VA-accredited veterans disability attorney. Besides knowing how long you have to submit additional evidence, you need to know what type of evidence you need to win your claim.
An attorney can review your claim and identify what the “missing link” is for a successful appeal. That can make the difference in a win or loss. It can also cut down the time in the VA appeals process so you get your benefits more quickly.
If you would like a free consultation with one of our veterans disability attorneys, contact us through the form on this website or give us a call at (770) 214-8885.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Thank you Jason and Tina for everything you've done.
Much appreciated.
Great law firm! Great results!! Thank you!!!
(Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely.
The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester
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I highly recommend Jason Perkins and the Team at Perkins and Studdard. Jason did a wonderful job on my case and actually got me better results than what I was hoping for. He was always so patient with me and made sure I was understanding every process in my case. He never seemed to mind me asking questions and always gave me straightforward answers. My phone calls to him or his staff were promptly answered or returned and everyone was always so helpful, personable, and respectful. He kept me updated on all the details of my case and sent helpful videos for me to review that were very informative.Dru Vaughn
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
