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Understanding the Appeal Process
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Understanding the Appeal Process


Page 4

What kind of information do I need to include in my appeal?

If you've filed a completed VA Form 9, you are not required to submit any more paperwork. BVA will evaluate your appeal based on the same evidence used by the local office when it made its determination on your original claim, along with your VA Form 9 and the SOC (and the SSOC, if there is one). If, however, you have additional evidence such as records from recent medical treatments or evaluations that you feel make your case stronger, you can submit the evidence to the office holding your claims folder. (See the "Where is my claims folder kept?" section.) An appeal representative can also submit additional written information in support of your claim.

If, after considering the new evidence, the regional office still does not allow your claim, you will be provided a Supplemental Statement of the Case. The new evidence you submitted will be included in your claims folder and considered when the Board reviews your appeal.

As your Substantive Appeal (the completed VA Form 9) discusses specific issues in the Statement of the Case, you should be sure to include any evidence that supports your argument that the decision of the local VA office was wrong. (See the sections entitled, "Why are some cases remanded?," "What SHOULD I do?" and "What should I AVOID?")


What happens to my VA Form 9?

Your VA Form 9 becomes part of your claims folder and is the basis for adding your appeal to BVA's docket.


What is the Board's docket?

The Board's docket is the record of all appeals awaiting BVA's review, listed in the order that appeals (VA Form 9) are received by the Department.


What is a docket number?

When an appeal is placed on the Board's docket, it is assigned the next higher number than the one received before it.

This is important because the Board reviews appeals in the order in which they were placed on the docket. The lower the docket number, the sooner the appeal will be reviewed. {38 U.S.C. § 7107; 38 C.F.R. § 20.900(b)}


How do I obtain the information needed to make my case as strong as possible?

In most instances, you can obtain civilian medical records and other non-government documents supporting your case by calling or writing directly to the person or office that keeps those records. VA regional office personnel and VSO representatives are experienced in locating many items that can support your case, such as service medical records, VA treatment records, and other government records. While VA has a duty to assist you in developing your case, it is a "two-way street" - you need to help identify the evidence that can prove your case.


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Reviewed/Updated: May 23, 2000