| Glossary Term |
Definition |
| Writ of Mandamus | A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA simply does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result -- say, service connection -- only that the VA go up or down on it.
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| Well Grounded | A well grounded claim requires three elements: (1) a medical showing of a current medical condition; (2) lay or in certain circumstances, medical evidence of disease or injury in service; and (3) medical evidence showing a nexus between the asserted injury in service and the current disability. Where medical evidence is required, medical journal articles alone will generally not suffice unless they are enhanced by a physician's opinion stating that the current disability was related, is likely to be related, could be related, or even possibly was related to service. A physician's opinion need not be conclusive to establish a well-grounded claim.
Alternatively, both the second and third elements above can be satisfied by the submission of minimum evidence (a) that the condition was "noted" during service or during an applicable presumption period; (b) that there has been post service continuity of symptomatology (as to which lay opinion can suffice; and (c) medical, or in some rare circumstances, lay evidence of a nexus between the present disability between the present disability and the post service symtpomatology.
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| VSO | Veterans' Service Organization
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| VRO | Veterans Administration Regional Office
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| VJRA | Veterans' Judicial Review Act
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| Veterans' Service Organization | An organization that represents the interests of veterans. Most Veterans' Service Organizations have specific membership criteria, although membership is not usually required to obtain assistance with benefit claims or appeals.
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| VAMC | Veterans Administration Medical Center
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| VA Form 9 | This form, which accompanies the SOC, formally initiates the appeal process.
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| VA | Veterans Administration
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| USC | United States Code
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| United States Court of Veterans Appeals | An independent court that reviews appeals of BVA decisions.
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| TSGLI | Traumatic Servicemembers’ Group Life Insurance (TSGLI) is a traumatic injury protection rider under Servicemembers’ Group Life Insurance (SGLI) that provides for payment to any member of the uniformed services covered by SGLI who sustains a traumatic injury that results in certain severe losses. More Information: |
| Travel Board Hearing | A personal hearing conducted at a VA regional office by a member of the Board.
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| TDIU | Total Rating Based on Individual Unemployability
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| TDHR | Texas Department of Human Resources |
| TBI - Traumatic Brain Injury | A traumatic brain injury (TBI) is defined as a blow or jolt to the head or a penetrating head injury that disrupts the function of the brain. Not all blows or jolts to the head result in a TBI. The severity of such an injury may range from "mild," i.e., a brief change in mental status or consciousness to "severe," i.e., an extended period of unconsciousness or amnesia after the injury. ATBI can result in short or long-term problems with independent function. |
| Supplemental Statement of the Case | A summary, similar to an SOC, that VA prepares if a VA Form 9 contains a new issue or presents new evidence and the benefit is still denied. A Supplemental Statement of the Case will also be provided after an appeal is returned (remanded) to the RO by the Board for new or additional action. |
| Substantive Appeal | A completed VA Form 9. |
| Statement of the Case | Prepared by the AOJ, this is a summary of the evidence considered, as well as a listing of the laws and regulations used in deciding a benefit claim. It also provides information on the right to appeal an RO's decision to BVA. |
| SSOC | Supplemental Statement of Case |
| SSDI | Social Security Disability Income |
| SSD | Social Security Disability Income |
| SSA | Social Security Administration |
| SOC | Statement of Case |
| SMR | Service Medical Record |
| SC | Service Connection |
| ROA | Record on Appeal |
| RO Hearing | A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing. |
| RO | Regional Office |
| Representative | Someone familiar with the benefit claim process who assists claimants in the preparation and presentation of an appeal. Most representatives are Veterans' Service Organization employees who specialize in veterans' benefit claims. Most states, commonwealths, and territories also have experienced representatives to assist veterans. Other individuals, such as lawyers, may also serve as appeal representatives. |
| Remand | An appeal returned to the regional office or medical facility where the claim originated. |
| Regional Office Hearing | A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing. |
| Regional Office | A local VA office; there are 58 VA regional offices throughout the U.S. and its territories. |
| PTSD | Post Traumatic Stress Disorder |
| POA | Power of Attorney |
| PL | Public Law |
| per curiam | By the court. A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge, or to a brief announcement of the disposition of a case by court not accompanied by a written opinion. |
| NSO | National Service Officer |
| NSLI | National Service Life Insurance |
| Notice of Disagreement | A written statement expressing dissatisfaction or disagreement with a local VA office's determination on a benefit claim that must be filed within one year of the date of the regional office's decision. |
| NOD | Notice of Disagreement |
| NOA | Notice of Appeal |
| New and Material Evidences | a. A claimant must submit "new and material" evidence to reopen a previously disallowed claim.
(1) To qualify as "new" evidence under 38 CFR 3.156, evidence, whether documentary, testimonial or in some other form, must be submitted to VA for the first time. For example, a veteran injured while on duty may not have realized immediately that the condition required medical attention and may have sought treatment later that evening from a private physician. A compensation claim might later be denied if the service medical records contain no mention of treatment for the condition. Should the claimant subsequently submit proof of treatment by the civilian physician, that information would constitute new evidence on which the claim could be reopened.
(2) A photocopy or other duplication of information already contained in a VA claims folder does not constitute new evidence since it was previously considered; neither does information confirming a point already established, such as a statement from a physician verifying the existence of a condition which has already been diagnosed and reported by another physician. Even though such a medical evaluation is from a different doctor, it offers no new basis on which the claim might be reopened unless it contains new information, such as evidence that the condition first manifested itself earlier than previously established.
b. In order to be considered "material" under 38 CFR 3.156, the additional information must bear directly and substantially on the specific matter under consideration.
(1) For example, if VA has previously determined that a back condition claimed by a World War II veteran is not service connected, evidence that the claimant received treatment shortly after release from active duty might be considered new and material if VA had previously been unaware of that treatment. However, information addressing only the current severity of the condition submitted now, over 40 years after service, may not have a bearing on the issue of whether the condition was incurred or aggravated during military service and does not warrant reopening the prior claim.
(2) Statements and affidavits attesting to the claimant's good character since his or her release from active duty are irrelevant if the issue is the character of the claimant's military service, but any new information offering mitigating circumstances for an action which resulted in an "other than honorable" discharge would address the specific issue under consideration and would warrant reopening the claim.
(3) A medical opinion is not material if it relies on historical facts which are wholly inaccurate.
c. A determination by VA that information constitutes "new and material evidence" means that the new information is sufficiently significant, either by itself or in connection with evidence already of record, that it must be considered in order to decide the merits of the claim fairly. It does not mean that the evidence warrants a revision of a prior determination.
d. A decision not to reopen a claim because the evidence submitted is not new and material is an appealable decision. The claimant must be furnished notice of procedural and appellate rights. |
| Motion to Reconsider | A request for BVA to review its decision on an appeal. |
| Motion to Advance on the Docket | A request that BVA review and decide an appeal sooner than when it normally would based on the appeal's docket number order. |
| Motion | A legal term used to describe a request that some specific action be taken. |
| Member of the Board | An attorney, appointed by the Secretary of Veterans Affairs and approved by the President, who decides veterans' benefit appeals. |
| Local Office Hearing | A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing. |
| IU | |
| IU | Individual Unemployability |
| Issue | A benefit sought on a claim or an appeal. For example, if an appeal seeks a decision on three different matters, the appeal is said to contain three issues. |
| infra | Below, under, beneath, underneath. The opposite of supra, above. Thus we say primo gradu est - supra, pater, mater, infra, filius, filia: in the first degree of kindred in the ascending line, above is the father, and mother, below, in the descending line, son and daughter. |
| IG | Inspector General |
| IFP | In Forma Pauperis In the character or manner of a pauper. Describes permission given to a poor person (I.e. indigent) to proceed without liability for court fees or costs. An indigent will not be deprived of his rights to litigate and appeal: if the court is satisfied as to his indigence he may proceed without incurring costs or fees of court. |
| HISA | Home Improvement and Structural Alterations Program |
| Hearing | A meeting, similar to an interview, between an appellant and an official from VA who will decide an appellant's case, during which testimony and other evidence supporting the case is presented. There are two types of personal hearings: Regional office hearings (also called local office hearings) and BVA hearings. |
| GAF | Global Assessment of Functioning Scale |
| FOIA | Freedom Of Information Act |
| File | To submit in writing. |
| en banc | In the bench. Full bench. Refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. In the U.S. the Circuit Courts of Appeal usually sit in panels of judges but for important cases may expand the bench to a larger number, when they are said to be sitting en banc. |
| EAJA | Equal Access to Justice Act |
| DSM IV | Diagnostic and Statistical Manual of Mental Disorders 4th Edition |
| DRO | Decision Review Officer |
| Docket Number | The number assigned to an appeal when a VA Form 9 is received by VA. By law, cases are reviewed by the Board in docket number order. |
| Docket | A listing of appeals that have been filed with BVA. Appeals are listed in numerical order, called docket number order, based on when a VA Form 9 is received by VA. |
| Determination | A decision on a claim made at the AOJ. |
| Decision | The final product of BVA's review of an appeal. Possible decisions are to grant or deny the benefit or benefits claimed, or to remand the case back to the AOJ for additional action. |
| CUE | Clear and Unmistakable Error |
| COVA | U.S. Court of Veterans Appeals |
| Court of Veterans Appeals | An independent court that reviews appeals of BVA decisions. |
| Claims Folder | The file containing all documents concerning a veteran's claim or appeal. |
| Claims File | Same as claims folder. |
| Claim Number | A number assigned by VA that identifies a person who has filed a claim; often called a "C-number." |
| Claim | A request for veterans' benefits. |
| CFR | Code of Federal Regulations |
| C-FILE | VA Claims Folder |
| C & P | Compensation and Pension |
| BVA Hearing | A personal hearing, held at the BVA office in Washington, D.C., or at a regional office, that is conducted by a member of the Board. A BVA hearing can be held by videoconference from some regional offices. Also see Travel Board Hearing. |
| BVA | Board of Veterans Appeals |
| Board of Veterans' Appeals | The part of VA that reviews benefit claims appeals and that issues decisions on those appeals. |
| Board Member | An attorney, appointed by the Secretary of Veterans Affairs and approved by the President, who decides veterans' benefit appeals. |
| Board | The Board of Veterans' Appeals. |
| BMAO | Board medical advisor opinion |
| Appellant | An individual who has appealed an AOJ claim determination. |
| Appeal | A request for a review of an AOJ determination on a claim. |
| AOJ | Agency of Original Jurisdiction |
| ALJ | Administrative Law Judge |
| Agent Orange | Agent Orange was a defoliant used during the Vietnam War. Some known effects are listed in 38 CFR §3.309(e).
VA Agent Orange Home Page |
| Advance on the Docket | A change in the order in which an appeal is reviewed and decided - from the date when it would normally occur to an earlier date. |
