EXPEDITING YOUR CASE AT THE BOARD OF VETERANS’ APPEALS
Usually, the Board of Veterans’ Appeals (BVA) hears and decides cases on a first-come first-served basis meaning that cases are decided in the order in which they are received. In certain circumstances, however, the BVA will advance a veteran’s case on its docket. 38 C.F.R. § 20.900 – Rule 900 provides that, upon proper motion by the Chairman, Vice Chairman, a party to the case, or the party’s representative, the BVA will consider advancing a veteran’s case in the following circumstances:
(1) If the case involves the interpretation of law of general application affecting other claims;
(2) If the veteran is seriously ill;
(3) If the veteran is under severe financial hardship; or
(4) If other sufficient cause is shown.
Sufficient cause has been found in situations when an administrative error resulted in a significant delay in docketing the case or if the veteran is of advanced age. The BVA defines advanced age as 75 or more years of age. The BVA will also treat cases remanded by the Court of Appeals for Veterans Claims expeditiously.
If you are a veteran who has filed for VA disability benefits and needs help navigating the appeal process, call the experienced veterans’ disability attorneys at Gardberg & Kemmerly, P.C. at 251-343-1111 today for a free case evaluation. The disability attorneys at Gardberg & Kemmerly, P.C. help veterans throughout the Gulf Coast area, including, Alabama, Florida, Mississippi, and Louisiana with regard to establishing service connection for claimed conditions, establishing entitlement to higher compensation ratings, and establishing entitlement to individual unemployability.