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What happens with the Notice of Disagreement?

When the local VA office reviews your Notice of Disagreement, it is possible that the local office will agree with your Notice of Disagreement and change its original decision.

If the local VA office does not change its decision and grant the benefit you claimed, it will prepare and mail to you a Statement of the Case, which includes a VA Form 9. (The VA Form 9 is discussed in the next section.) This Statement of the Case (SOC) will summarize the evidence and applicable laws and regulations, and provide a discussion of the reasons for arriving at the decision.

What follows the Statement of the Case?

Within 60 days of the date when the local VA office mails you the Statement of the Case, you need to submit a Substantive Appeal (VA Form 9). However, if the one year period from the date the VA regional office or medical center mailed you its original decision is later than this 60-day period, you have until that later date to file the Substantive Appeal. (See the information below.)

To file a Substantive Appeal, simply fill out and submit a VA Form 9, which is attached to the Statement of the Case that the regional office sends you. An important part of the VA Form 9 is the section used to request a BVA hearing. (Hearings are covered in more detail elsewhere within this guide.)

The VA Form 9 is very important to your appeal. On this form, you should make sure that you clearly state the benefit you are seeking and that you point out any mistakes you think VA made when it issued its decision. You should also identify anything in the Statement of the Case that you disagree with.

If you submit new information or evidence with your VA Form 9, the regional office will prepare a Supplemental Statement of the Case. A Supplemental Statement of the Case (SSOC) is similar to the Statement of the Case, but addresses the new information or evidence you submitted. If you are not satisfied with the SSOC, you have 60 days from date when the SSOC is mailed to submit, in writing, what you disagree with.

Caution: Don't delay submitting the VA Form 9 to the local VAoffice. If you don't file the VA Form 9 on time, you could lose your right to appeal. Use the following to figure out when the VA Form 9 is due.

Regional Office determination mailing date + 1 year

or

SOC + 60 days

Whichever date is later is the date when the VA Form 9 must be received at the local VA office.

What if I don't want BVA to examine a particular issue listed in the SOC or SSOC?

If, for some reason, you don't want BVA to examine an issue listed in the Statement of the Case or the Supplemental Statement of the Case, simply state (on the VA Form 9) that you are withdrawing that specific issue (or issues) from the appeal.

Can I get an extension of the date for filing?

You can ask for an extension of the 60-day period for filing a Substantive Appeal or the 60-day period following a Supplemental Statement of the Case by writing to the local VA office handling your appeal. You should explain why you need the extra time to file (called "showing good cause"). {38 U.S.C. § 7105(d)(3); 38 C.F.R. § 20.303}

Do I need a lawyer or other representative to help me with my appeal?

You can represent yourself if you wish. However, about 90 percent of all people who appeal to the Board do obtain representation. Most appellants (about 85 percent) choose to be represented by Veterans' Service Organizations (VSOs) or their state's veterans department.

Many VSOs have trained personnel who specialize in providing help with claims and appeals. VSOs do not charge for this service and do not require you to be a member of their organizations. Many state and county governments also have trained personnel in their veterans departments who can help. Your regional office can provide a list of approved veterans' appeal representatives in your area.

You can hire a lawyer to represent you. There are strict guidelines about what a lawyer may charge for services, as well as restrictions on fees that a lawyer may charge you for work performed before BVA issues its final decision.

In addition to the representatives and attorneys just discussed, some other agents are recognized by VA to represent appellants. Fill out a VA Form 21–22 to authorize a VSO to represent you, or a VA Form 22a to authorize an attorney or recognized agent to represent you. Your local VA office can provide these forms. {38 U.S.C. § 5904; 38 C.F.R. part 20, subpart G}

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