Written By Fall 2024 M-VETS Student Advisor Danny Jenkins.
Appearing before the Board of Veterans’ Appeals (BVA) for the first time can feel daunting, but with the right preparation, you can effectively advocate for your client and make a strong impression. Here’s a step-by-step guide to help you navigate your first hearing successfully.
- Understand the Basics of BVA Hearings
The BVA reviews appeals related to decisions by the Department of Veterans Affairs (VA) on claims for benefits. Most hearings are informal and can be conducted virtually, in person, or via video conference. Your role is to present evidence and arguments to support your client’s case.
Key Tip: Familiarize yourself with the Veterans Appeals Improvement and Modernization Act of 2017 (AMA), as it governs appeals procedures and deadlines.
- Create a Trial Binder
The trial binder will be your saving grace. This should include medical records and service documents, applicable laws, regulations, and precedents relevant to the case, an outline of your argument and anticipated questions, and tabs for quick reference. This will keep you organized and able to answer questions quickly and effectively.
Key Tip: More is better. Clearly organize tabs and have everything ready that could come up at the hearing.
- Prepare Your Client
Ensure your client understands the process and their role during the hearing. If they will testify, conduct several mock interviews to prepare them for potential questions. Encourage honesty, clarity, and brevity in their responses.
Key Tip: Remind your client to stay calm and avoid overly emotional or argumentative statements.
- Master the Hearing Procedure
During the hearing:
– Arrive early (if in person) or test your equipment (if virtual).
– Introduce yourself and your client professionally.
– Listen carefully to questions from the Veterans Law Judge (VLJ) and respond clearly.
Key Tip: Be respectful, professional, and adaptable to the judge’s style of questioning.
Final Thoughts
Your first appearance before the BVA may feel like a learning experience, but preparation is key. By mastering the facts, developing a compelling argument, and presenting your case confidently, you’ll set yourself—and your client—up for success.