Dear BVA Customer: 

 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. 

This revision of this pamphlet adds information about 

new topics, such as “motions” for review of final Board 

of Veterans’ Appeals decisions for “clear and 

unmistakable error.” We’ve also included some 

references to internet sites where you can get more 

information about veterans’ benefits and veterans’ law. 

 I hope you find this guide helpful. We are dedicated 

to doing our best to serve veterans and their families. I 

welcome your comments about "Understanding the 

Appeal Process." 

 Sincerely, 

 Eligah Dane Clark 

 Chairman 

DEPARTMENT OF VETERANS AFFAIRS

Board of Veterans' Appeals

Washington DC 20420

January 2000 
Who Should Read This Pamphlet? 

 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 brochure. 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 pamphlet. You can 

simply read it from start to finish — it discusses the steps 

in the appeal process in the order they normally occur. 

The Table of Contents on the next page is arranged in the 

same order. The Index at the back of the pamphlet lists 

topics in alphabetical order using key topic words. Some 

common abbreviations are listed on page 35. A glossary 

that explains many of the terms used in the pamphlet also 

begins on page 35. 

1 

Representation

 This pamphlet 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. 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. See page 12 for more information. 
Table of Contents 

2 

Topic Page 

Who Should Read This Pamphlet? 1 

How Do I Find The Answers To My 

 Questions? 

1 

Representation 1 

User Tips 5 

What is the Board of Veterans’ Appeals? 6 

What is an appeal to the Board of Veterans’ 

 Appeals? 

6 

Who can appeal? 6 

When can I file an appeal? 6 

What can I appeal to the Board? 7 

What can’t I appeal to the Board? 7 

How do I file an appeal? 7 

Where do I file my appeal? 8 

What happens with the NOD? 8 

What follows the Statement of the Case? 9 

What if I don’t want BVA to examine a 

 particular issue listed in the SOC or SSOC 

10 

Can I get an extension of the date for filing? 11 

Are the time periods for filing my NOD, VA 

Form 9, and SSOC response always the 

same? 

11 

Do I need a lawyer or other representative to 

 help me with my appeal? 

12 
3 

Table of Contents 

Topic Page 

What kind of information do I need to include 

 in my appeal? 

13 

Do I have to do anything else to complete my 

 appeal? 

14 

What happens to my VA Form 9? 15 

What is the Board’s docket and why is my 

 docket number important to me? 

15 

How long does the appeal process take? 16 

Is there any way to have the Board decide my 

 case more quickly? 

16 

What is a personal hearing? 17 

When will my personal hearing be held? 19 

Where is my claims folder kept? 20 

What is the 90-Day Rule? 20 

How do I find out the status of my appeal? 21 

What happens to my appeal when it gets to 

 the Board? 

22 

How will I be notified of the Board’s decision? 23 

What is a remand? 24 

Why are some cases remanded? 24 
Table of Contents 

4 

Topic Page 

What if I disagree with the Board's decision? 25 

What else can I do if I disagree with a Board 

 decision? 

27 

What happens to an appeal if the appellant dies 

 before a decision is issued? 

29 

Internet resources for information 30 

The Appeal Process Diagram 32 

What SHOULD I do? 33 

What should I AVOID? 34 

Abbreviations 35 

Glossary 35 

Index 42 

Notes 44 
5 

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 (starting on page 35) anytime 

you see an unfamiliar term or abbreviation. 

 Words or phrases that are explained in the 

glossary or listed in the index are printed in italic

type the first time they are used or discussed in 

detail in this pamphlet. 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. (Some 

internet resources are listed on pages 30 and 31.) 

If you have a representative, the representative 

should also be able to help. 

 The “Notes” section, starting on page 44, is a 

good place to jot down any questions you have for 

VA or for your representative, if you have one. 
6 

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 

 

38 U.S.C. § 7101(a) 

38 U.S.C. § 7104 
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 

7 

38 U.S.C. § 511(a) 

38 U.S.C. § 7104(a) 

38 C.F.R. § 20.101 

 

38 C.F.R. § 20.101(b) 
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. That’s discussed 

on the next page. 

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 

8 
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. (The VA Form 9 is discussed in 

the next section.) 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. (See the caution in 

the information box on the next page.) 

 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 we have 

tried to write 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 in 

more detail on pages 17 through 19 of this pamphlet. 

 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. 

9 
 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. 

10 
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 

11 

38 U.S.C. § 7105(d)(3) 

38 C.F.R. § 20.303

38 U.S.C. § 7105A 

38 C.F.R. part 20, subpart F
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 

12 

38 U.S.C. § 5904 

38 C.F.R. part 20, subpart G
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. (See 

"Where is my claims folder kept?" on page 20.) 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 

13 
Rule” on page 20 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?” on pages 33 and 34. 

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. 

14 
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.) 

15 

38 U.S.C. § 7107(a) 

38 C.F.R. § 20.900
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. 

(Remands are discussed on pages 24 and 25.) 

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 

the 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 

16 

38 U.S.C. § 7107(a)(2) 

38 C.F.R. § 20.900(c)
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? 

 B a s i c a ll y, 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 

17 

38 U.S.C. § 7105(a) 

38 U.S.C. § 7107(d)(e) 

38 C.F.R. part 20, subpart H
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 videoconference. 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 

videoconference hearings more quickly than Travel 

Board hearings. If you are interested in this kind of 

hearing, check with your RO to see if a videoconference 

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 a 

box 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,” which is explained on page 20.) 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. 

18 
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 videoconferenced 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. 

19 

38 U.S.C. § 7107 

38 C.F.R. § 20.702 

38 C.F.R. § 20.704
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 videoconferenced 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 

20 

38 C.F.R. § 20.1304
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?” on page 20.) 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. 

21 

 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 

22 

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 (see page 24), 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. 

23 

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?” on page 20.)
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 on pages 33 and 34 are based on 

24 
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 

25 
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 given on page 25. You may also contact 

the Court by telephone at 1-800-869-8654. See “Internet 

Resources for Information,” beginning on page 30, for 

the Court’s World Wide Web site address. 

26 

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. M o t i o n f o r 

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.

27 

38 U.S.C. § 7103 

38 C.F.R. § 20.1000 

38 C.F.R. § 20.1001

38 U.S.C. § 5108 

38 U.S.C. § 7104(b) 

38 C.F.R. § 3.156 

38 C.F.R. § 20.1105
 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. 

38 U.S.C. § 7111 

38 C.F.R. part 20, subpart O

28 
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. 

29 

Need general information about veterans’ 

benefits? 

Speak to a VA Veterans Benefits 

Counselor by calling 1-800-827-1000. 

38 U.S.C. § 7104(a) 

38 C.F.R. § 20.1302
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 

including links to an “on-line” version of this pamphlet 

and archives of Board of Veterans’ Appeals decisions. 

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/ 

30 
 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.” 

31 
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

or or

32 

Caution! These filing time limits apply in most cases, but don’t apply to 

“simultaneously contested claims.” See page 11. 
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. 

(See pages 17 through 19.) 

- 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.

33 
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. 

34 
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 to 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 pamphlet. 

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.

35 
36 

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 videoconference 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 

Glossary 
Glossary 

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. 

37 
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 

Glossary 

38 
Glossary 

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 

39 
40 

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 

Glossary 
41 

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.

Glossary 
42 

Index 

Words such as “appeal” that appear on the majority of 

the pages of this pamphlet are not listed in this index. 

Key Word Page 

Advance on the docket 16, 17 

Appellant 12, 13, 18, 29 

Board Member 6, 18, 19, 21, 22, 23, 25 

BVA Hearing 9, 17, 18, 19, 20, 22 

Claims Folder 8, 13, 15, 20, 21, 22, 

23, 27 

Clear and Unmistakable Error 7, 28 

Docket 15, 16, 17, 24 

Docket Number 15, 19, 22 

Hearing 9, 17, 18, 19, 20, 22 

Hearing Officer Hearing See “Local Office 

Hearing” 

Local Office Hearing 17, 18 

Member of the Board See “Board Member” 

Motion 16, 17, 20, 21, 25, 26, 

27, 28 

Reconsider 25, 26, 27 
43 

Representative 1, 12, 13, 17, 20, 

22, 27, 28 

Statement of the Case 

(or SOC) 

9, 10, 11, 14 

Substantive Appeal 

(Also see “VA Form 9”) 

9, 11, 15 

Supplemental Statement of the 

Case (or SSOC) 

10, 11, 12, 13, 14, 

24 

Travel Board Hearing 18, 19, 20 

VA Form 9 

(Also see “Substantive Appeal”) 

8, 9, 10, 11, 12, 14, 

15, 18

Veterans’ Service Organization 1, 12, 13 

(or VSO) 

Key Word Page 

Remand 16, 24 

Regional Office Hearing 

(or RO Hearing) 

See “Local Office 

Hearing” 

Simultaneously Contested Claims 11, 12 

Notice of Disagreement 

(or NOD) 

8, 11, 16 
44 

How Can We Make This Pamphlet Better? 

 This pamphlet was produced by the Board of 

Veterans’ Appeals at the request of veterans. If it 

doesn’t help — or if it could be better — please let us 

know how we can improve it.

 

 Send your comments to:

 

 Board of Veterans’ Appeals (012) 

 Department of Veterans Affairs 

 810 Vermont Avenue, NW 

 Washington, DC 20420 

Notes 
45 

Notes 
46 

Notes 
47 

Notes 
48 

Notes 
49 

Notes 
Department of Veterans Affairs 

Board of Veterans’ Appeals 

Washington, DC 20420 

Understanding the Appeal Process 

(VA Pamphlet 01-00-1) 

January 2000