Appeals Help for Our Soldiers

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We can’t give you directions for how to win your appeal in a general publication like this one. The
facts in your case are unlike the facts in any other case. We can tell you about the appeal process —
what steps you need to take and when you need to take them — and we have tried to do that here.
Our goal is to help you understand how the appeal process works and provide answers to the most
commonly asked questions about appeals in a logical, easy to understand way.
As with most things in life, veterans’ law changes. I hope you find this guide helpful. We are
dedicated to doing our best to serve veterans and their families.

Who Should Read This?
Anyone who is not satisfied with the results of a claim for veterans’ benefits (determined by a VA
regional office, medical facility, or other local VA office) should read this. It is intended to explain the
steps involved in filing an appeal and to serve as a reference for the terms and abbreviations used in
the appeal process.

How Do I Find The Answers To My Questions?
There are several ways to use this page. You can simply read it from start to finish — it discusses
the steps in the appeal process in the order they normally occur. There is a glossary
at the bottom of this page that explains many of the terms used here.

Representation
This page discusses the appeal process in detail, but it isn’t a complete checklist for filing an appeal.
Think of it as “one more tool in the toolbox” for understanding the benefit claims system. While it is
possible to “go it alone,” most people have found the assistance and experience of appeals
representatives to be very helpful and we highly recommend it. Many Veterans’ Service
Organizations, as well as state and county veterans’ departments, will
represent you free of charge. We strongly urge you to consider contacting one of these
organizations to help you with your appeal.

User Tips
Becoming familiar with certain terms and phrases will help you understand the appeal process
better. As you read through this guide, refer to the glossary anytime you see an unfamiliar term or
abbreviation. Words or phrases that are explained in the glossary are printed in italic type the first
time they are used or discussed in detail in this page. For example, the first time “VA Form 9” is
used, it is printed as VA Form 9. The basic law about veterans’ benefits is found in the United States
Code (U.S.C.) and the Code of Federal Regulations (C.F.R.). You will see information boxes (like this
one, but smaller) throughout this pamphlet containing U.S.C. and C.F.R. section (§) numbers that
apply to that part of the text. If you would like to read those code sections, you can find them in the
legal section of your local library or on the internet. If you have a representative, the representative
should also be able to help.

What is the Board of Veterans’ Appeals?
The Board of Veterans’ Appeals (also known as "the BVA" or "the Board") is a part of the Department
of Veterans Affairs (VA), located in Washington, D.C. "Members of the Board" review benefit claims
determinations made by local VA offices and issue decisions on appeals. These Board members,
attorneys experienced in veterans’ law and in reviewing benefit claims, are the only ones who can
issue Board decisions. Staff attorneys, referred to as Counsel or Associate Counsel,are also trained
in veterans’ law. They review the facts of each appeal and assist Board members.

What is an appeal to the Board of Veterans’ Appeals?
An appeal is a request for a review of a VA determination on a claim for benefits issued by a local VA
office.

Who can appeal?
Anyone who has filed a claim for benefits with VA and has received a determination from a local VA
office is eligible to appeal to the Board of Veterans’ Appeals.

When can I file an appeal?
You may file an appeal up to one year from the date the local VA office mails you its initial
determination on your claim. After that, the determination is considered final and cannot be appealed
unless it involved clear and unmistakable error by VA.

What can I appeal to the Board?
You may appeal any determination issued by a VA regional office (RO) on a claim for benefits. Some
determinations by VA medical facilities, such as eligibility for medical treatment, may also be
appealed to the Board. You may appeal a complete or partial denial of your claim or you may appeal
the level of benefit granted. For example, if you filed a claim for disability and the local office
awarded you a 10% disability, but you feel you deserve more than 10%, you may appeal that
determination to the Board.

What can’t I appeal to the Board?
Decisions concerning the need for medical care or the type of medical treatment needed, such as a
physician’s decision to prescribe (or not to prescribe) a particular drug or order a specific type of
treatment, are not within the Board’s jurisdiction. (Occasionally, the Board receives an appeal of this
nature, but since it doesn’t have the legal authority to decide this type of case, the Board must
dismiss it.)

How do I file an appeal?
No special form is required to begin the appeal process. All that’s needed is a written statement that
(1) you disagree with your local VA office’s claim determination and (2) you want to appeal it. This
statement is known as the Notice of Disagreement, or NOD. If you received notice of determinations
on more than one claim issue, your NOD needs to be specific about which issue or issues you wish
to appeal. For example, if you were notified about local VA office determinations on a knee disability
and a heart condition, but you only want to appeal the heart condition determination, say that. Being
specific helps VA concentrate on what is most important to you and moves your case along more
quickly. While the NOD is all that’s needed to begin the
appeal process, you will eventually need to complete and file a VA Form 9 to finish your appeal.

Where do I file my appeal?
Normally, you file your appeal with the same local VA office that issued the decision you are
appealing, because that is where your claims file (also called a claims folder) is kept. However, if you
have moved and your claims file is now maintained at a local VA office other than the one where you
previously filed your claim, you should file your appeal at the new location.

What happens with the NOD?
When the local VA office receives and reviews your NOD, it is possible that it will change its original
determination and allow your claim. If it doesn’t, it will prepare and mail to you a Statement of the
Case (SOC) and a blank VA Form 9. This SOC summarizes the evidence and applicable laws and
regulations used in deciding your case and gives you the local VA office’s reasons for making the
determination you appealed.

What follows the Statement of the Case?
Within 60 days of the date when the local VA office mails you the SOC, you need to submit a
Substantive Appeal. However, if the one-year period from the date the local VA office mailed you its
original determination is later than this 60-day period, you have until that later date to file the
Substantive Appeal. To file a Substantive Appeal, simply fill out and submit the VA Form 9 that the
local VA office sent you. The form comes with detailed instructions that have been written in easy-to-
understand language. Please read these instructions carefully before completing the form. An
important part of the VA Form 9 is the section used to request a BVA hearing. Hearings are covered
later on this page. On the VA Form 9, you should make sure that you clearly state the benefit you
want and that you point out any mistakes you think VA made when it issued its determination. You
should also identify anything in the SOC that you disagree with. If you submit new information or
evidence with your VA Form 9, the local VA office will prepare a Supplemental Statement of the Case
(SSOC). A SSOC is similar to the SOC, but addresses the new information or evidence you
submitted. If you are not satisfied with the SSOC, you have 60 days from date the SSOC was mailed
to you to submit, in writing, what you disagree with.

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. Withdrawing issues you don’t really want to appeal
will help VA move your case along more quickly.
Caution! Don’t delay submitting the VA Form 9 to the local VA office. If you don’t file the VA Form 9
on time, you could lose your right to appeal. Use the following formulas to figure out when the VA
Form 9 is due. RO 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.

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 to respond to 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”).

Are the time periods for filing my NOD, VA Form 9, and SSOC response always the same?
The time limits we have given you are good in most cases, but there is one kind of case, called a
simultaneously contested claim, where the filing times are a lot shorter. A simultaneously contested
claim is a claim where more than one person is trying to get a VA benefit or status that only one of
them can have. An example would be a case where two different people claim that they are entitled
to all of the same life insurance policy proceeds. If you are appealing a determination in a
simultaneously contested claim, your NOD must be filed within 60 days from the date the local VA
office mailed you its determination, not one year from that date. The VA Form 9 has to be filed within
30 days of the date when the local VA office mailed you the Statement of the Case, not 60 days. The
alternative period for filing the VA Form 9 (one year from the date the RO mailed you its original
determination) does not apply to simultaneously contested claims. Also, if there is a SSOC that you
want to respond to in a simultaneously
contested claim, you only have 30 days to file your response, not 60 days. These kinds of appeals
are fairly rare, but we wanted you to know about them because filing deadlines are so important. If
you are not sure whether these shorter filing deadlines apply to your appeal, ask your local VA office
or your representative.

Do I need a lawyer or other representative to help me with my appeal?
You can represent yourself, but about 90 percent of all people who appeal to the Board do obtain
representation. Most appellants (about 85 percent) choose to be represented by a Veterans’ Service
Organization (VSO) 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 local VA office can provide a list
of approved veterans’ appeal representatives in your area. You can hire a lawyer to represent you.
Most lawyers will charge you for their services, although there are strict guidelines about what a
lawyer may charge. In most cases, no fees can be charged for work performed before BVA issues its
final decision. In addition to the representatives and attorneys just discussed, a few “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.

What kind of information do I need to include in my appeal?
It is important that you send VA any evidence that supports your argument that its determination on
your claim was wrong. If 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. An appeal representative can also submit additional written
information in support of your claim. If your file is still at the local VA office and you send
your new evidence there, it will send you a SSOC if it still does not allow your claim after reviewing
the new evidence. The new evidence you submitted will be included in your claims folder and
considered when the Board reviews your appeal. If your file is at the Board and you plan to send
your new evidence there, be sure to read “What is the 90-day Rule” for some important information
about time deadlines. Also, if you want the Board to consider your new evidence without sending
your case back to the local VA office, include a written statement saying that you waive local VA
office consideration of your new evidence and that you want the Board to review the evidence even
though the local VA office hasn’t seen it. Otherwise, there could be a considerable delay while the
Board sends your new evidence back to the local VA office to consider. Also see “What SHOULD I
do?” and “What should I AVOID?”

Do I have to do anything else to complete my appeal?
In most cases, you are not required to submit any more paperwork to finish your appeal once you’ve
filed a completed VA Form 9. There is one important exception that you should know about. If you
have received a SSOC that covers a new issue, you will need to complete and file a supplemental
VA Form 9 covering the new issue if you want to appeal it. For example, let’s say that you appealed a
local VA office determination on your knee disability, it sent you a
SOC on that issue, and you filed your VA Form 9 on that issue. Later, before the Board decided the
appeal on your knee disability, you also appealed a decision about a heart disability and you local VA
office sent you a SSOC on that. If you wanted the Board to consider your appeal
on the heart issue, you’d have to send you local VA office a VA Form 9 on that issue too.

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. The Board will review it when it considers your appeal.

What is the Board’s docket and why is my docket number important to me?
The law requires the Board to decide cases on a “first come, first served” basis. To do that, the
Board needs to know when each case was received in relationship to every other case. That’s where
the Board’s “docket” comes in. Think of the Board’s docket as a list of all the cases the Board has to
decide. Your case is added to this list when VA receives your substantive appeal (VA Form 9). The
Board keeps track of where your case is in the pipeline by assigning it a “docket number” when it’s
added to the list. The first 2 digits show the year the case was added to the list and the rest of the
numbers show in what order the case was added to the list that year. For example, if your appeal
was the very first appeal added to the list in 1999, it would have docket number 99-00 001. The older
the year and the lower the number for that year, the sooner your case will come up for review. The
later the year and the higher the number, the longer it will take. (This is another reason it’s important
to file your VA Form 9 promptly.)

How long does the appeal process take?
It is difficult to say just how long it will take from the time you file your appeal until you receive the
Board’s decision. As of the Fall of 1999, it took an average of about two years from the time a NOD
was filed until a final decision was issued. Complex cases can take longer, particularly if the Board
must remand the case.

Is there any way to have the Board decide my case more quickly?
If you believe your appeal should be decided sooner than the appeals of others who filed before you
did, you can write directly to the Board explaining why. (This is called filing a motion to advance on
the docket.) Over the years, BVA has granted fewer than 3 out of every 20 requests for advancement
on the docket. That’s because most appeals involve some type of hardship and he Board wishes to
treat everyone fairly. You need to show convincing proof of exceptional circumstances before your
case can be advanced. Some examples of exceptional circumstances are terminal illness, danger of
bankruptcy or foreclosure, or an error by VA that caused a significant delay in the docketing of your
appeal. Be sure to send us proof of your exceptional circumstances with your motion. For example,
if you are about to lose your home due to foreclosure, send us a copy of the notice you received
telling you that. If you have a terminal illness, include a statement about that from your doctor. To file
a motion to advance on the docket, send your request to:
Board of Veterans’ Appeals (014)
Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420

What is a personal hearing?
Basically, a personal hearing is a meeting between you (and your representative, if you have one)
and an official from VA who will decide your case. During this meeting, you present testimony and
other evidence supporting your case. There are two types of personal hearings: local office hearings
(also called Regional Office hearings, RO hearings, or hearing officer hearings) and BVA hearings. As
its name implies, a “local office hearing” is a meeting held at a local VA office between you and a
“hearing officer” from the local office’s staff. To arrange a local office hearing, you should contact
your local VA office or your appeal representative as early in the appeal process as possible. In
addition to a local office hearing, you also have the right to present your case in person to a member
of the Board. Appellants in most areas of the country can choose whether to hold this “BVA hearing”
at the local RO, commonly called a Travel Board hearing, or at the BVA office in Washington, D.C.
(but not both). Some ROs are also equipped to hold BVA hearings by video-conference. With this
kind of hearing, you would be located at the RO and the Board member conducting the hearing
would be in Washington, D.C. You would communicate with each other by closed circuit television.
Sometimes, VA can offer video-conference hearings more quickly than Travel Board hearings. If you
are interested in this kind of hearing, check with your RO to see if a video-conference hearing is a
possibility in your area. When deciding where to hold a BVA hearing, please keep in mind that VA
cannot pay for any of your expenses — such as lodging or travel — in connection with a hearing. The
usual way to request a BVA hearing is to check abox on the VA Form 9 telling us what kind of
hearing you want. However, if you didn’t ask for a BVA hearing on the VA Form 9, you can still
request one by writing directly to the Board. (This is subject to the “90-Day Rule") If you want a
BVA hearing, be sure you clearly state whether you want it held at the RO or at the Board’s office in
Washington, D.C. (You cannot have a BVA hearing in both places.) Please do not use the VA Form 9
to request a local office hearing. Write directly to that office instead.

When will my personal hearing be held?
When a hearing will be held depends on what type of hearing you requested and where you
requested that it be held. Local VA office hearings are generally held as soon as they can be
scheduled on the hearing officer’s calendar. The scheduling of Travel Board hearings — BVA
hearings held at regional offices — is more complicated, because Board members must travel from
Washington, D.C., to the RO to conduct the hearings. (Travel Board hearings may not be available at
ROs located near Washington, D.C.) Factors that affect when Travel Board hearings can be scheduled
include the docket number (a guide to how old cases awaiting hearings are), the total number of
requests for hearings in your area, how soon the Board will be able to review the cases associated
with the hearings, and the resources, such as travel funds, available to the Board. Because video-
conferenced hearings do not involve travel by Board members, they are less complicated to arrange
and can usually be scheduled more quickly than Travel Board hearings. Hearings held at the Board’s
offices in Washington, D.C., will be scheduled for a time close to when BVA will consider the case —
usually about three months before the case is reviewed.

Where is my claims folder kept?
If you do not request a BVA hearing, your claims folder will stay at the local VA office until it is
transferred to BVA shortly before the Board begins its review. If you request a Travel Board hearing,
your claims folder will stay at the local VA office until the hearing is completed and will then be
transferred to the Board. If you request a video-conferenced BVA hearing or a hearing held at the
Board’s office in Washington, D.C., your claims folder will stay at the local VA office until shortly
before the hearing is held. It will be transferred to BVA in time for your hearing and the Board’s
review.

What is the 90-Day Rule?
Your local VA office will send you a letter when it transfers your claims folder to Washington D.C.
That letter will let you know that you have 90 days (from the date of that letter) or until the Board
decides your case, whichever comes first, during which you can add more evidence to your file,
request a hearing, or select (or change) your representative. For the Board to accept any of these
items after this 90-day period is up, you must submit a written request (called a "motion") with the
item asking the Board to accept the item even though it is late. The request must include an
explanation of why the item is late and show why the Board should accept it (called "showing good
cause"). A motion to accept items after the 90-day period will be reviewed by a Board member who
will issue a ruling either allowing or denying the motion.

How do I find out the status of my appeal?
Until your file is transferred to the Board, your local VA office is the best place to get information
about your appeal. (See “Where is my claims folder kept?”) VA will notify you in writing when
your file is transferred to the Board in Washington, D.C. You will also be notified in writing when the
Board receives your file. After your file is transferred to the Board, you can call (202) 565-5436 to
check on its status. Please bear in mind that Board employees cannot discuss the legal
merits of a case or predict the outcome of an appeal. Also, because every case is different, it is
impossible to give you a precise estimate of when your appeal will be decided. Remember that it is
important to act as early as possible if you want to send new evidence, appoint or change a
representative, or request a hearing for two reasons. (1) By acting before the 90 days are up, you
avoid having to file a motion and the risk that your motion will be denied. (2) You might not have the
full 90 days because the Board could decide your case before the 90 days are up.

What happens to my appeal when it gets to the Board?
The Board will notify you in writing when it receives your appeal from the local VA office. The Board
examines the claims folder for completeness and provides your representative (if you have one)
with an opportunity to submit additional written arguments on your behalf. Your case is then
assigned to a Board member for review. (If you requested a "BVA hearing," the Board member
assigned to your case will conduct the hearing before reaching a decision.) When the docket number
for your appeal is reached, your file will be examined by a Board member and a staff attorney
(Counsel or Associate Counsel) who will check it for completeness, review all the evidence and your
arguments, as well as the transcript of your hearing (if you had one), the statement of your
representative (if you have one), and any other information included in the claims folder. The staff
attorney, at the direction of the Board member, may also conduct additional research and To learn
the current status of your appeal after it is transferred to Washington, D.C., call: (202) 565-5436 Be
sure to have your claim number handy. If the Board has “remanded” your case to your local VA
office call that office. Prepare recommendations for the Board member’s review. Before a decision
is reached, the Board member will thoroughly examine all of the material in the claims folder along
with the recommendations prepared by the
staff attorney. The Board member will then issue a decision.

How will I be notified of the Board’s decision?
The Board will give you its decision in writing. BVA tries to make its decisions as understandable as
possible. However, because they are legal documents, decisions may contain complex information,
such as references to laws and court cases. Many BVA decisions also contain detailed medical
discussions. Your decision will be mailed to the home address that the Board has on file for you, so
it is extremely important that you keep VA informed of your correct address. If your appeal is
denied, the Board will send you a “Notice of Appellate Rights” that describes additional actions you
can take. We’ll also tell you more about that later in this pamphlet. Important: If you move, or get a
new home or work phone number, you should notify the office where your claims folder is located.
(See “Where is my claims folder kept?)

What is a remand?
Sometimes the Board will review an appeal and find that the case isn’t ready for a final decision. It
will then return the case to the local VA office with instructions to do whatever needs to be done.
This action of sending a case back for more work (sometimes described as “additional
development”) is called a remand. After performing the additional work, the local VA office will
review your case and issue a new determination. If it is unable to allow your claim, it will return the
case to the Board for a final decision. The case keeps its original place on BVA’s docket, so it is
reviewed soon after it is returned to the Board. Depending on what was done after your case was
remanded, the local VA office may provide you with a SSOC. If so, you have 60 days from the date
the SSOC was mailed to you to comment on it.

Why are some cases remanded?
Some cases are remanded for reasons neither you nor the Board can control, such as new rulings by
the United States Court of Appeals for Veterans Claims or other changes in the law that require the
Board to return them for local VA office review or some other action. However, some remands might
be avoided if you do — or don’t do — certain things. If the Board doesn’t have to remand your case,
you will get your decision more quickly. The “What SHOULD I do?” and “What should I AVOID?”
sections are based on many years of experience of Board members and other BVA employees.
These lists do not include every possible situation, but they do include the most frequent “do’s and
don’ts” and should prove helpful as you
prepare your case.

What if I disagree with the Board’s decision?
If you are not satisfied with the Board’s decision, you can appeal to the United States Court of
Appeals for Veterans Claims (the Court). The Court is an independent court that is not part of the
Department of Veterans Affairs. Normally, to appeal a BVA decision, you must file the Notice of
Appeal with the Court within 120 days from the date when the Board’s decision is mailed. (The
date of mailing is stamped on the front of the Board’s decision.) To appeal a Board decision to the
Court, you must file an original Notice of Appeal directly with the Court at:
United States Court of Appeals for Veterans Claims
625 Indiana Avenue, NW, Suite 900
Washington, DC 20004
If you filed a motion to reconsider (discussed in the next section of this pamphlet) with the Board
within this 120-day time frame and that motion was denied, you have a new 120-day period to file the
Notice of Appeal with the Court. This new 120-day period begins on the date the Board mails you a
letter notifying you that it has denied your motion to reconsider. A “Notice of Appellate Rights,” that
discusses this in detail, will be mailed to you if the Board denies your motion to reconsider your
appeal. If you appeal to the Court, you should also file a copy of the Notice of Appeal with the VA
General Counsel at the following address:
Office of the General Counsel (027)
Department of Veterans Affairs
810 Vermont Avenue, NW
Washington, DC 20420
To obtain more specific information about the Notice of Appeal, the methods for filing with the Court,
Court filing fees, and other matters covered by the Court’s rules, you should contact the Court
directly at the Indiana Avenue address. You may also contact the Court by telephone at 1-800-869-
8654. See “Internet Resources for Information,” for the Court’s World Wide Web site address.
Caution! While you should file a copy of your Notice of Appeal to the Court with the VA General
Counsel, the original Notice of Appeal you file with the Court is the only document that protects your
right to appeal a BVA decision. The copy sent to VA’s General Counsel does not protect that right or
serve as your official appeal filing.

What else can I do if I disagree with a Board decision?
1. Motion for Reconsideration. If you can demonstrate that the Board made an obvious error of fact or
law in its decision, you can file a written "motion to reconsider" your appeal. If you are represented,
you may wish to consult with your representative for advice about whether you should file a motion
(and for assistance in preparing one). If you do file a motion to reconsider, it should be sent directly
to the Board, not to your local VA office. A motion to reconsider should not be submitted simply
because you disagree with BVA’s decision. You need to show that the Board made a mistake and
that the Board’s decision would have been different if the mistake had not been made.
2. Reopening. If you have “new and material evidence,” you can request that your case be re-
opened. To be considered “new and material,” the evidence you submit must include information
related to your case that was not included in the claims folder when the Board decided your case. To
re-open your case, you need to submit your new evidence directly to the local VA office and not to
the Board.
3. CUE Motion. The law was amended in 1997 to provide one more way to challenge a Board
decision. A Board decision can be reversed or revised if you are able to show that the decision
contained “clear and unmistakable error” (CUE). Your written request for the Board to review its
decision for CUE is called a “motion.” CUE motions should be filed directly with the Board, and not
with your local VA office. Because CUE is a very complicated area of law, we urge you to seek help
from your representative if you decide to file a CUE motion. A motion for CUE review
of a prior Board decision must meet some very specific requirements, described in the Board’s
Rules of Practice. If the motion is denied you can’t ask for another CUE review of the way the Board
decided the issues you raised in your first CUE motion, so it is very important that the motion be
prepared properly the first time out. Not many CUE motions are successful, because CUE is a very
rare kind of error, the kind that compels a conclusion that the Board would have decided your case
differently but for the error. A difference of opinion is not enough. When you file your CUE motion,
you must tell the Board clearly and specifically, in writing, exactly what the “clear and unmistakable”
error, or errors, were. You can file a motion to review a Board decision for CUE at any time, but if you
file your CUE motion after filing a timely Notice of Appeal with the Court, the Board will not be able to
rule on your CUE motion.

What happens to an appeal if the appellant dies before a decision is issued?
According to the law, the death of an appellant generally ends the appeal. So, if an appellant dies, the
Board normally dismisses the appeal without issuing a decision. The rights of a deceased appellant’s
survivors are not affected by this action. Survivors may still file a claim at
the RO for any benefits to which they may be entitled.

Need general information about veterans’ benefits?
Speak to a VA Veterans Benefits Counselor by calling 1-800-827-1000.
Internet Resources for Information
Here are just a few of the many helpful resources for information on veterans’ benefits and veterans’
law on the “World Wide Web.”
The Department of Veterans Affairs
http://www.va.gov/
The site has a wealth of veterans’ information. There is extensive information about veterans
programs and benefits. A number of VA forms are available.
The Veterans Benefits Administration
http://www.vba.va.gov/
This site contains extensive information about veterans’ benefits, links to VA forms, copies of many
benefits regulations, and more.
United States Court of Appeals for Veterans Claims
http://www.vetapp.uscourts.gov/
This site includes information about how to appeal a Board of Veterans’ Appeals decision to the
Court, Court filing fees, forms needed for filing an appeal with the Court, copies of the Court’s
opinions, and more.
National Archives and Records Administration Code of Federal Regulations
http://www.access.gpo.gov/nara/cfr/
Published Federal regulations, including the sections of 38 C.F.R. cited in this pamphlet, may be
found here.
The Office of the Law Revision Counsel U.S. House of Representatives
http://uscode.house.gov/usc.htm
This site permits you to search for, read, and print sections of the United States Code, including the
38 U. S. C. sections cited in this pamphlet.
Department of Veterans Affairs Electronic FOIA Reading Room
http://vaww.va.gov/foia/
VA’s Electronic FOIA (Freedom of Information Act) Reading Room has links to numerous VA
publications, including directives, manuals, and handbooks. The site features VA's “One-Stop
Customer Service Inquiry Page,” described as “the place to find answers to question about any
number of VA issues.”
NOD VA Form 9 SOC The Appeal Process Notice of Disagreement
Not more than a year after it mails you notice of its determination of your VA benefits claim, you tell
your local VA office in writing that you disagree with its determination and want to appeal.
Statement of the Case
You local VA office sends you a summary of law, evidence and reasons for VA's denial of benefits
called a "Statement of the Case" (SOC).
Substantive Appeal
You file a VA Form 9 with the local VA office not later than 60 days from the date the SOC was mailed
to you, or 1 year from the date that office first mailed you notice of its determination, whichever is
later.
Docketing and File Transfer BVA Review Local VA Office:
- adds your appeal to BVA's docket
- notifies you when 90 days remain for submitting additional evidence, appointing or changing a
representative, or asking for a hearing
- sends your claims folder to BVA
BVA:
- conducts hearing, if requested
- reviews your appeal
- issues decision (grant/remand/deny)
BVA Grants Appeal
BVA Remands Appeal
Appeal returned to local VA office for development, decision, and possible return to BVA
BVA Denies Appeal
You have 120 days to file appeal to Court of Appeals for Veterans Claims
Filing reconsideration or CUE motion with BVA or reopening at local VA office possible
Caution! These filing time limits apply in most cases, but don’t apply to “simultaneously contested
claims.”

What SHOULD I do?
If you intend to appeal:
- Do consider having an appeal representative assist you.
- Do file your NOD and VA Form 9 as soon as you’re sure you want to appeal. (Because so many
appeals are filed, delaying could add months to your wait for the Board's decision.)
- Do be as specific as possible when identifying the issue or issues you want the Board to consider.
- Do be specific when identifying sources of evidence you want VA to obtain. For example, provide
the full names and addresses of physicians who treated you, when they treated you, and for what
they treated you.
- Do keep VA informed of any change to your current address, phone number, or number of
dependents.
- Do be aware that copies of your doctor’s treatment records are generally more helpful than just a
statement from the doctor.
- Do be clear (on your VA Form 9) about whether or not you want a BVA hearing and where you want
it held.
- Do provide all the evidence you can that supports your claim, including additional evidence or
information requested by VA.
- Do include your claim number on any correspondence you send to VA and have it ready if you call.
This helps VA find your records.

What should I AVOID?
- Don't try to "go it alone.” Consider getting a representative. A skilled representative can save you a
lot of time, help you prepare the best possible appeal, and help you avoid mistakes.
- Don't send in material that doesn't have anything to do with your claim or send duplicates of things
you have already sent to VA. This will only slow down the process.
- Don't use the VA Form 9 to raise new claims for the first time. The VA Form 9 is only used to appeal
decisions on previously submitted claims.
- Don't use the VA Form 9 to request a local office hearing. Write to that office instead.
- Don't raise additional issues for the Board to consider late in the appeal process, especially after
your claims folder has been sent to the Board in Washington, D.C. This could well cause your case to
be sent back to your local VA office for additional work and result in a longer
wait for a BVA decision.
- Don't submit evidence directly to the Board unless you include a written or typed statement saying
that you waive consideration of the new evidence by the local VA office and clearly indicating that
you want the Board to review the evidence even though the local VA office has
not seen it. If you submit evidence directly to the Board without such a waiver, the case may be
remanded for review and could result in delays.
- Don’t submit a last minute request for a hearing or a last minute change to the type or location of a
hearing unless it is unavoidable. This almost always results in a delay in getting a final decision.

Glossary
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 at an earlier date.
Agency of Original Jurisdiction: See “Local VA Office.”
Appellant: An individual who has appealed a local VA office claim determination.
Associate Counsel: See Counsel.

Abbreviations
The following abbreviations are used in this page. Complete definitions of the terms are given in the
Glossary.
BVA: Board of Veterans’ Appeals
CUE: Clear and Unmistakable Error
RO: Regional Office
NOD: Notice of Disagreement
SOC: Statement of the Case
SSOC: Supplemental Statement of the Case
VA: The Department of Veterans Affairs
VSO: Veterans’ Service Organization
This glossary contains many of the terms commonly
used in the appeal process. 38 U.S.C. § 101 also
defines many claim and appeal terms.
Board: The 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 — See Member of the Board.
BVA Hearing — A personal hearing, held at the BVA
office in Washington, D.C., or at a VA regional office,
that is conducted by a member of the Board. These
hearings can be held by video-conference from some
regional offices. Also see Travel Board Hearing.
Claim — A request for veterans’ benefits.
Claim Number — A number assigned by VA that
identifies a person who has filed a claim; often called a
“C-number.” VA now uses the veteran’s Social Security
number for this purpose, but older files still bear the “Cnumber.”
Claims File — Same as claims folder.
Claims Folder — The file containing all documents
concerning a veteran’s claim. (Other VA records folders,
like education or loan guaranty folders, may also be
involved, but “claims folders” are the most common and
that term has been used in this pamphlet for
convenience.)
Counsel — Counsel, and Associate Counsel, are
attorneys skilled in veterans’ law who assist Members of
the Board in preparing decisions. They are like a law
clerk who helps a judge.
Court of Appeals for Veterans Claims — See United
States Court of Appeals for Veterans Claims.
Decision — The product of BVA’s review of an appeal.
A decision might, for example, grant or deny the benefit
or benefits claimed, or remand the case back to the local
VA office for additional action.
Determination — A decision on a claim made by a local VA office.
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.
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.
File — To submit written material, usually by mailing it or delivering it in person.
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 are presented. There are
two types of personal hearings: local office hearings
(also called regional office hearings or hearing officer
hearings) and BVA hearings.
Hearing Officer Hearing — See Regional Office
Hearing.
Issue — Something specific you want the Board to grant
you when it reviews your appeal. For example, if you
filed an appeal asking the Board to grant you service
connection for a heart disorder, grant you service
connection for a knee disability, and grant you a higher
disability rating for an already service-connected
shoulder disability, the appeal would be said to contain
three issues.
Local Office Hearing — See Regional Office Hearing.
Local VA Office — a term used in this pamphlet for any
local office of the Department of Veterans Affairs where
claims for VA benefits are received and determined.
Usually, this is a VA Regional Office or an
administrative office at a VA medical center. (The legal
term for such an office is “agency of original
jurisdiction.”)
Member of the Board — An attorney, appointed by the
Secretary of Veterans Affairs and approved by the
President of the United States, who decides veterans’
benefit appeals.
Motion — A legal term used to describe a request that
the Board take some specific action in processing your
appeal (such as advance your case on the docket), or that
it give you permission to do something concerning your
appeal (such as send in evidence late in the appeal
process). The Board’s “Rules of Practice” tell you when
a motion is required, what a particular motion should
include and where you should file it. Most motions must
be in writing.
Motion to Advance on the Docket — A request that
BVA review and decide an appeal sooner than it
normally would for a specified reason.
Motion to Reconsider — A request for BVA to review
(reconsider) its decision on an appeal.
Notice of Disagreement — A written statement saying
that you disagree with a local VA office’s determination
on your claim and that you want to appeal that
determination.
Regional Office — One of 58 VA regional offices
throughout the U.S. and its territories where most claims
for VA benefits are filed and determined.
Regional Office Hearing — A personal hearing
conducted by a RO “Hearing Officer.” A regional office
hearing may be conducted in addition to a BVA hearing.
Remand — The action the Board takes in returning an
appeal to the local VA office where the claim originated.
This action is taken when something else needs to be
done before the Board can make a decision in an appeal.
Representative — Someone familiar with VA’s 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.
RO Hearing — See Regional Office Hearing.
Rules of Practice — Federal regulations, found at
38 C.F.R. part 20, that set out procedures for appeals to
the Board of Veterans’ Appeals. The 38 C.F.R. part 20
sections cited in this pamphlet are “Rules of Practice.”
Simultaneously Contested Claim — A simultaneously
contested claim is a claim where more than one person is
trying to get a VA benefit or status that only one of them
can have. Examples might be two people each claiming
they are entitled to all of the proceeds of the same life
insurance policy, or two people each asking to be
recognized as a particular veteran’s lawful surviving
spouse.
Statement of the Case — This is a document prepared by
the local VA office processing your appeal. It gives you
a summary of the evidence considered in your case, a
listing of the laws and regulations used to decide your
claim, and an explanation of why the local VA office
decided your claim as it did. Reviewing the SOC will
help you prepare your substantive appeal.
Substantive Appeal — Normally, a completed VA Form
9.
Supplemental Statement of the Case — An update to an
SOC prepared when VA receives new evidence, or a new
issue is added to an appeal, after the SOC was prepared.
Testimony — Testimony is the legal term used to
describe what you and others who know about the facts
of your case (witnesses) say at a hearing. Basically, to
“testify” at a BVA hearing just means to tell what you
know about your case. VA hearings are much more
informal than court hearings, so you don’t need to worry
about technical rules of evidence or being crossexamined
when you testify.
Travel Board Hearing — A personal hearing conducted
at a RO by a member of the Board.
United States Court of Appeals for Veterans Claims —
An independent Federal court that reviews appeals of BVA
decisions. (The court used to be called the United States
Court of Veterans Appeals.)
VA Form 9 — You receive this VA form, titled “Appeal to
the Board of Veterans’ Appeals,” with the SOC. It is the form
that you fill out and file with the local VA office to complete
your appeal.
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. There are many such organizations.
The American Legion, the Disabled American Veterans, the
Veterans of Foreign Wars, and Vietnam Veterans of America
are examples of these organizations. Your RO can provide
information about VSOs serving your area.