Board of Veterans' Appeals (BVA) Representation
Board of Veterans' Appeals Representation in Beaverton, OR
Both attorneys at Alsup Law once worked for the Board of Veterans' Appeals. Jim Alsup drafted several hundred decisions there on veterans' claims. Tracy Alsup was a Board attorney before moving to the VA General Counsel's Office. From our office in Beaverton, Oregon, they now offer legal representation for veterans benefits claims to veterans whose cases have reached the Board.
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How the Board Reviews an Appeal
The Board sits in Washington, D.C. and hears appeals from every VA regional office in the country. Your claims file goes first to a Board attorney, who reads the record and writes a proposed decision. A Veterans Law Judge then reviews that draft and either approves it or changes it.
That drafting step is where Jim spent years of his career. He knows what a Board attorney reaches for first in a thick claims file, and what can sink out of sight in one. We organize your record and argument so the evidence that supports your claim is the evidence the drafter sees.
If your claim is still at the regional office level, start with our page on appealing a denied VA disability claim. It covers the review options available before the Board.
Why Similar Cases Can Reach Different Results
A Board decision has no precedential value. When one Veterans Law Judge grants a claim, no other judge is bound to follow that reasoning. Two veterans with nearly identical facts can receive opposite outcomes, and a third may see the case sent back for more development.
For you, this means the result rides on your own record and how it is argued. Pointing to a friend's successful appeal will not carry your case. A complete file, a clear medical link, and a direct argument tied to the rating criteria give the judge a reason to rule in your favor.
When the Board Sends a Case Back
A remand happens when the judge decides there is not enough evidence to rule, or that the case is not ready for a decision for some other reason. The file returns to the regional office or appeals center to gather new evidence or correct the problem the judge identified.
A remand is not a denial, but it is not a grant either. It reopens work at the local level, and that work needs watching. We keep track of your claim as it moves back through the system and make sure the specific instructions in the remand are actually carried out.
Deciding Whether to Request a Hearing
The Board gives veterans the chance to appear before a Veterans Law Judge, including by video conference. Your testimony is transcribed and becomes part of the record the judge reviews. Video hearings are generally scheduled much faster than in-person hearings.
A hearing does not automatically help. Some cases gain from testimony that fills a gap in the written record. Others are better served by a strong written argument and no delay. Tracy argued cases at the Court of Appeals for Veterans Claims for the VA, and both attorneys bring that courtroom experience to the decision about whether to ask for a hearing.
Board Appeals for Veterans Near and Far
We represent veterans at the Board from Beaverton, with clients in Portland, Tualatin, and Durham and well beyond Oregon. We Serve Veterans Nationwide. We don't get paid unless we win your case.
If the Board denies part or all of your appeal, the decision includes instructions for the next step. That next step is an appeal to the Court of Appeals for Veterans Claims, and both of our attorneys have been admitted to practice there.
Frequently Asked Questions
Who actually decides my appeal at the Board?
A Board attorney reviews your claims file and drafts a proposed decision. A Veterans Law Judge then approves or changes that draft, and the judge's decision is the one you receive.
Does a Board win in another veteran's case help mine?
No. Board decisions have no precedential value, so a ruling for one veteran does not bind the judge assigned to your appeal, even when the facts are very similar.
What does a remand mean for my claim?
The judge found the case not ready for a decision, often because evidence was missing. The file goes back to the regional office or appeals center to develop that evidence or fix the deficiency before a new decision is made.
Will a hearing improve my chances?
Not necessarily. Hearing testimony is transcribed and added to the record, which can help when the file has a gap. Whether to request one is a judgment call worth making with your attorney.
What happens if the Board denies my appeal?
You can appeal to the Court of Appeals for Veterans Claims. The Notice of Appeal must be filed within 120 days of the date on the Board decision. A $50 filing fee applies unless it would cause financial hardship.