Written By Summer 2025 M-VETS Student Advisor Anthony Mancini.

Introduction

Preparing for a hearing before the Board of Veterans’ Appeals (BVA) is a critical, yet often daunting task for any advocate—especially for law students working on pro bono cases where your client is a veteran who has waited several years for their appeal to be heard. The stakes could not be higher. These hearings may significantly impact a veteran’s financial stability, access to healthcare, and recognition of service-connected injuries or illnesses.

For background, the BVA is part of the U.S. Department of Veterans Affairs (VA). It is an appellate body responsible for reviewing appeals from veterans regarding benefits decisions made by local VA offices.[1] Veterans who disagree with a decision related to service connection, disability ratings, effective dates, or other benefits may request multiple tracks of appeal, including a hearing before a Veterans Law Judge (VLJ) at the BVA.[2] These VLJs conduct a de novo review of the case—meaning they look at the claim for the first time and are not bound by prior decisions.[3]

Because the BVA is an appellate body, hearings focus heavily on the evidence and the legal standards governing veterans’ claims. That’s why methodical, strategic preparation is key. This guide outlines the major steps required to prepare for a BVA hearing, offering advice I learned through my own experience representing a veteran before the BVA.

1. Start with the BVA Brief

The first—and arguably most important—step in your preparation is reading the BVA brief carefully and thoroughly. At its core, this brief serves as a roadmap outlining the issues that the Mason Veterans and Servicemembers Legal Clinic (M-VETS) is asking the Board to resolve. Fortunately, these briefs are typically short (usually spanning three to five pages) and provides an excellent opportunity to properly assess what M-VETS is asking of the BVA. As you read, take notes to identify the key issues presented. Is the veteran appealing a denial of service connection? Is the dispute about the effective date of benefits or the assigned rating percentage? Understanding the scope of the appeal will allow you to tailor your legal argument and structure your client’s testimony later in the process.

Next, identify every document cited in the BVA brief. These source materials—ranging from private medical records and rating decisions to service treatment records (STRs)—form the evidentiary foundation of M-VETS’s position. Read these documents as many times as necessary until you have a complete understanding of their contents. Once you’ve listed all the cited evidence, ensure you can locate each document in the client’s claims file. If something is missing or you’re having difficulty finding a document in the T-Drive, notify the M-VETS director (Mr. MacArthur) immediately. Missing records—especially those referenced in the brief—can create significant gaps in your presentation and severely hamper your efforts at the hearing. It’s essential to close that loop as early as possible.

2. Organize and Analyze the Client File

After reviewing the BVA brief and verifying the presence of all source documents, the next step is to immerse yourself in the client’s full claims file. For the Student Advisors (SAs) in M-VETS, this part of the process is familiar and can be overwhelming. The file may contain hundreds, sometimes thousands, of pages of service records, medical evidence, correspondences, and decisions. To stay organized, begin by constructing a timeline of your client’s relevant service and medical history. Note key points such as when the veteran served, what injuries or conditions arose during that time (with guidance from the BVA brief), and how those conditions evolved after discharge. Creating a timeline can help contextualize the evidence and allow you to better spot patterns or inconsistencies.

As you analyze the file, take meticulous notes. Pay particular attention to STRs, Compensation and Pension (C&P) exam reports, private medical opinions, prior rating decisions, and any lay statements from the veteran or supporting witnesses. Relevance of these documents will be determined largely by the issues outlined in the BVA brief. Be sure to note documents that both support your theory of the case and weaken your client’s position. As a general rule on this, it is better to be overly critical than underprepared. If you come across a piece of negative evidence that could, even marginally, harm your case, make a note of it. It’s far better to anticipate a problem than to be caught off guard during the hearing. You will almost certainly feel lost during this step—maybe more than once. That’s completely okay! I did too. Don’t hesitate to ask Mr. MacArthur if you’re stuck or unsure of whether a certain piece of evidence is relevant.

Once you have identified the key pieces of evidence, consider creating a summary chart. This will help you track which documents support (or contradict) the elements of your client’s claim and align your legal strategy with the available record. This can be particularly useful when dealing with a large volume of records that must be organized chronologically.

3. Research the Background Law

Legal research is always an important part of hearing preparation—even in cases that appear to be fact-intensive. Once you’ve mastered the factual record and the issues raised in the BVA brief, the next step is determining which legal standards govern the outcome. Doing so will not only improve your understanding, but will also help streamline your drafting and strategy for the hearing.

The amount of time you’ll need for research depends on the complexity of the BVA brief. Regardless, I began by reviewing relevant statutes and regulations, typically found in Title 38 of the U.S. Code and the Code of Federal Regulations (CFR). These will often include provisions related to service connection, the burden of proof (commonly “at least as likely as not”), and diagnostic criteria from the VA Schedule for Rating Disabilities (VASRD). If applicable, then look to precedent cases from the U.S. Court of Appeals for Veterans Claims (CAVC) for guidance. You may also look to past BVA decisions, as they can offer insight into how the BVA has handled similar cases. However, note that BVA decisions are not binding authority on subsequent hearings, so be cautious in their usage.[4] Finally, secondary sources may also be useful for context, but they should be a small percentage of your research in this step.

Once you’ve completed your research, consider drafting a short legal outline. This document should summarize the relevant law and how it applies to your client’s facts. It does not need to be lengthy—one page is often good enough. In some cases, especially if the legal issue is straightforward, this step may even be unnecessary. Still, having a legal outline ready can be invaluable during the hearing, particularly if the judge asks a pointed legal question or requests clarification on the applicable standard.

4. Engage Early and Often with Your Client

I cannot stress enough how important this step is—not only for the hearing, but for your future success as a lawyer. Anyone who has been in M-VETS long enough knows that your relationship with the client is foundational to your effectiveness as an advocate. Therefore, the earlier you contact the client, the more time you have to gather important information and begin building a relationship. Establishing this early helps the client develop trust in your ability to represent them effectively when the time comes. So, as soon as possible, schedule an introductory meeting with your client. In that first session, explain your role and outline the timeline for preparation.

You should then plan to meet with the client several more times over the course of your representation. Use these sessions to dig into your client’s personal story. Ask about any relevant injuries or illnesses, treatment history, and the ways in which their condition has affected their daily life. These details are vital for preparing testimony and for shaping a compelling narrative to present at the hearing. You will also begin rehearsing the client’s testimony during these sessions, as outlined in more detail later in this guide.

Another key purpose of these meetings is to manage expectations. Many veterans—understandably—are unfamiliar with the appeals process and may have misconceptions about what the BVA can and cannot do. As their advocate, it is your responsibility to clarify the relevant legal standards and explain the range of possible outcomes. The better informed your client is, the more confidently they can testify and participate in their case.

5. Draft Strategically and Early

Drafting your hearing materials—your opening statement, direct examination questions, and closing argument—early in the process will give you time to revise and receive feedback from Mr. MacArthur. This process will take considerable time and usually involves multiple rounds of revision. You may feel stuck during the drafting phase, which is completely normal. When that happens, keep in mind one core tenet that can guide you: the three documents should parallel each other in content, but each should accomplish a different purpose. In other words, while there will be some overlap in the information presented, simply repeating the same content across all three documents is a serious mistake.

When you begin drafting, you should start with your closing argument. Why? Because it serves as your guidepost—it reminds you of the specific evidence that must be introduced during the hearing, either through testimony or documentation. If key evidence is not entered into the record, the VLJ may not consider it. The closing argument is also your final opportunity to leave the judge with a clear and persuasive explanation of why your client should prevail. To make the most of your closing, clearly outline the legal standard at issue and explain how the evidence—both documentary and testimonial—satisfies that standard. Refer back to your research from earlier in the process to assist you. End your closing by directly requesting the relief you are seeking, whether that is service connection, an increased rating, or an earlier effective date.

Next, draft your direct examination questions. These questions are designed to guide your client’s testimony and allow them to share their story in their own words. Build a chronology using the timelines you created, and use open-ended questions that elicit facts supporting your legal theory. For instance, ask about the onset of symptoms during service, the progression of the condition, and how the disability currently impacts your client’s daily life. This is also your opportunity to walk through most of the key evidence referenced in your closing argument, and to ask clarifying questions as needed. Importantly, BVA hearings are non-adversarial and not bound by the Federal Rules of Evidence.[5] That means you are permitted to ask leading questions, which can be useful when trying to clarify the record or focus the judge’s attention on specific facts.[6]

Finally, you’ll draft your opening statement. This is your chance to set the tone for the hearing and frame the case for the VLJ. Your opening should introduce your client, succinctly summarize the issue on appeal, and provide a brief preview of the key evidence that will come out during direct examination.

6. Practice, Practice, Practice

As a simple rule, if your client is unprepared for the hearing, then you will have both lost the case and have failed as their advocate. To avoid this, plan to conduct several mock testimony sessions before the hearing. These rehearsals serve multiple purposes: they build the client’s confidence, help refine their narrative, and allow you to correct inconsistencies or unclear statements. Moreover, it will also help you with nerves and better prepare you for the actual hearing. Per previous sections in this guide, you will most likely be conducting most of these mock sessions either over the phone or over Zoom.

During your first session, you should walk the client through the structure of the hearing and explain what they can expect. Afterwards, start having the client practice answering the direct examination questions you’ve prepared. As the client gets more comfortable, you should ask follow-up or clarifying questions—even if you did not prepare them ahead of time. The more familiar the client is with the hearing process, the more comfortable and credible they’ll appear when they testify in front of the VLJ.

7. Collaborate Frequently with Mr. MacArthur

I cannot stress this enough. Mr. MacArthur is the most valuable resource at your disposal. He has been practicing law for a long time, and has many valuable insights on the BVA hearing process. Hence, you should make it a point to schedule regular check-ins with him throughout the preparation process. These meetings are a great opportunity to get feedback on your drafts, and to ask any questions you have about the law, procedure, or client management.

It may be intimidating to ask for help at times. You may think that it makes you “lesser than” for not getting the right answer on your own. That does not make you unqualified, it means you are on the right path. The best piece of advice I can give on this is to be open to constructive criticism, and don’t let that criticism discourage you further from getting help. Throughout my BVA hearing, I had revised the hearing documents outlined in this guide at least ten different times. It was sometimes frustrating getting what I perceived as “nitpicked” by Mr. MacArthur on multiple rounds of revisions. However, I credit this approach as the biggest reason why my BVA hearing went so well. Having that collaborative effort during your preparation is key to delivering a polished, persuasive presentation once the hearing comes around.

8. Build Your Trial Binder

One of the last steps in your preparation is to assemble a comprehensive trial binder. This is your go-to resource during the hearing, and it should be organized. Include all critical pieces of evidence, such as the hearing notice, the BVA brief, a copy of the client’s service and medical records, your legal outline (if applicable), and your hearing documents. Mr. MacArthur will provide you with a binder using tabbed sections and you will create a table of contents. Thus, you should be able to easily flip to the right section during the hearing. What helped me is to put the documents in reverse chronological order, that way you are able to quickly find and reference them. This will allow you to respond effectively to questions and maintain a smooth flow during the hearing.

Conclusion

Preparing for a BVA hearing is a rigorous process that demands your attention to detail, a clear understanding of the law, and a deep commitment to your client and their story. For veterans who have waited a long time for justice, your detailed preparation could make the difference when the time comes. Approach the process with the seriousness and care that their service deserves, and your BVA hearing will also be a success.

[1] 38 U.S.C. § 7104(a).

[2] Id.

[3] 38 C.F.R. § 20.300(a).

[4] 38 C.F.R. § 20.1303.

[5] M21-1, Part III, Subpart iv, 5.1.

[6] Id.