What Is a Hearing Request
A hearing request is your formal choice to present testimony and evidence directly to a Veterans Law Judge at the Board of Veterans' Appeals (BVA) instead of having your appeal decided on the written record alone. When you file a hearing request, you're asking the BVA to schedule an oral hearing where you or your representative can speak to the judge about your disability claim.
When You Can Request a Hearing
You can request a hearing at two critical points in your appeal:
- When you file your Board Appeal, you indicate whether you want a hearing as part of your initial appeal paperwork
- After the BVA receives your case, you have a window of time to submit a hearing request if you didn't include one originally
The BVA processes roughly 80,000 to 90,000 cases per year. Requesting a hearing adds approximately 3 to 6 months to your timeline, as the BVA schedules hearings based on workload and your location.
Types of Hearings Available
- In-person hearing: You travel to a BVA regional office and testify before a judge in a formal setting. This option works best if you want the judge to observe your demeanor and credibility firsthand, which can be particularly valuable in cases involving PTSD, pain-related disabilities, or conditions affecting your ability to work.
- Video hearing: You appear via videoconference from a VA regional office near you. This eliminates travel burden while maintaining the direct interaction with the judge.
- Telehealth hearing: Available in some circumstances, allowing you to testify remotely from home or your representative's office.
What Happens at Your Hearing
During a hearing, you have the opportunity to:
- Explain how your service-connected condition affects your daily life and work capacity, which connects directly to how the VA assigns your disability rating
- Clarify gaps or inconsistencies in your medical evidence or Compensation and Pension (C&P) exam findings
- Present new evidence the judge hasn't yet reviewed, including updated medical records or statements from family members or employers
- Respond directly to the judge's questions about your condition, functional limitations, and the logic supporting your nexus claim
The judge typically issues a decision within 30 to 90 days after your hearing concludes.
Your Representative at a Hearing
You can attend your hearing alone, but the vast majority of veterans bring representation. A Veterans Service Officer (VSO), VA-accredited agent, or VA disability attorney can present arguments on your behalf, question the evidence, and highlight the connection between your symptoms and your service. Having representation is particularly important if you're challenging a C&P examiner's findings or presenting complex medical evidence tied to your rating claim.
Should You Request a Hearing
Request a hearing if:
- You believe a C&P exam was incomplete or the examiner missed key symptoms affecting your rating
- Your claim involves credibility issues that benefit from direct testimony (you can explain inconsistencies face-to-face)
- You have new medical evidence to present that strengthens your nexus to service
- Your disability involves subjective symptoms like pain, fatigue, or cognitive difficulties that are hard to capture in writing
Skip the hearing request if your case rests entirely on clear medical documentation already in the record and your representative believes the written evidence speaks for itself.
Common Questions
- If I request a hearing and then change my mind, can I cancel it? Yes. You can withdraw your hearing request in writing at any time before the hearing is scheduled. Contact the BVA directly with a written request including your appeal file number.
- What if I get rated at a new level before my hearing happens? The judge will still hear your case and can issue a new decision. Sometimes the VA grants the rating you requested before the hearing takes place, which may resolve your appeal without a hearing being necessary.
- Do I need to prepare testimony or memorize specific information? Work with your representative to review your claim, anticipated judge questions, and key points about how your condition affects your life. You don't memorize, but being prepared to speak clearly and specifically about your symptoms and functional limitations helps the judge understand your case.