What is the VA procedure of a DRO and a BVA?
Briefly, a DRO is at the local VARO office and can be requested by a claimant at any time. This senior adjudicator and can overturn the original's adjudicator's decision and approve the claim. If he denies the claim, he must send a statement of the case which gives the claimant the reasons for the denial. From the time that a DRO denies the claim, the claimant has only 60 days to file his formal appeal with the BVA, using form VA9.
The Board of Veterans Appeals (BVA) is part of the VA and is in Washington. Its judges review claims that were denied at the state (or central office) level. In order to file before the BVA, the claimant must submit form VA9 to the local VARO, which will forward it to the BVA. At this point, the claimant can set up an appointment in Washington, appear before a traveling board member, or have the board decide the case based on evidence in the file, or set up a video hearing at the local VARO.
If the BVA denies the claim, the claimant can appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). If the CAVC denies the claim, he can appeal to the U.S. Court of Appeals for the Federal Circuit. If the Federal Circuit denies the claim, the next step is to petition the Supreme Court.
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