12

Decision by Board
of Veterans’
Appeals

What if the Board denies my
claim?

If your claim is denied by the Reopen at your
Board, this is what you can do: aca Nears

ae

* go back to your local VA
and try to reopen your claim;

° file a motion asking the
Board to reconsider your
claim or review your case

: Ask the Board to
again because there was a ee. oe review
clear and unmistakable error based on error
(CUE) in the Board decision;

¢ file an appeal with the U.S.
Court of Appeals for Veterans
Claims; or

* do nothing. Appeal the
decision
to the Court


To apply for benefits, you file a claim at ri : =f
your local VA office or VA medical facility. le

This is when you ask for the benefit you Q
want. La

There is at least one VA office in each state,
Puerto Rico, and Manila. You can also file
your claim on the internet at

www.vba.va.gov.

You can ask for help with your claim. Help
is available from Veterans Service
Organizations (VSO), such as The
American Legion or Disabled American
Veterans, as well as from attorneys, or

agents recognized by VA. Ask for help
with your claim

VSOs have staff at most local VA offices.

The local VA office makes a decision
on your claim and sends it to you.

The local VA office’s decision will
allow or deny your claim. If you are
not satisfied with the decision, you can
appeal.

You get your
decision from VA


16

Chart of Appeal Process, 2
Decisions, 3, 11-12
Local VA Office decisions, 3
Board decisions, 11-12
Types of Board decisions, 11
Board denial, 12
Frequently Asked Questions, 1
Hearings, 7 —10
How to get one, 7
Types of hearings, 7, 8
Board hearings, 8-10
What happens at a Board hearing, 9-10
Helpful Hints, 13
Notice of Disagreement, 4
Representation 3, 13
Veterans Service Organizations, 3
Resources, 14-15
Internet, 14-15
Phone, 15
Statement of the Case, 5
Substantive Appeal, 6
VA Form 9, 6


Are all personal hearings with
Board Members the same?

No, if you want a personal hearing
with a member of the Board, you can

choose from several different types.  “earing in Washington, D.C.

eA hearing in Washington, D.C.,
where the Board of Veterans’
Appeals is located.

eA videoconference hearing with
you at your local VA office and Local videoconference

the Board Member in Washington, hearing with
pe Board Member

in Washington D.C.

eA hearing at your local VA office
with the Board Member present.

Because of scheduling delays, a
videoconference hearing is the
quickest way to get a hearing with a Hearing with Board Member
Board Member. at your local VA office

8



After the local VA office
gets your NOD it will create

a “Statement of the Case”
(SOC).

What is a Statement of the
Case?

The SOC is a detailed
explanation of the evidence,
laws, and regulations used
by the local VA office in
deciding your claim.

Who sends the SOC?

The SOC will be mailed to
you along with a VA Form 9,
Substantive Appeal Form by
your local VA office.

VA gets your NOD

VA prepares SOC

SOC is mailed to you


What is a Notice of Disagreement?

If you disagree with the rating decision,

you can write a statement to your local
VA office saying that you disagree and
that you want to appeal the decision.

This statement is called a Notice of
Disagreement (NOD).

Where do I send my NOD?

You send your NOD to your local VA
office.

When do I send my NOD?

You must send your NOD within one
year of the date your local VA office
mailed you its original decision
denying your claim.

After you send your NOD you may
request that your file be reviewed by a
Decision Review Officer (DRO) from
your local VA office. DROs offer a
second review of your entire file and
can also hold a personal hearing on
your claim.

4

You tell VA you disagree
and want to appeal

Send your NOD to your
local VA office

Remember time limit
for filing your NOD!



Department of Veterans Affairs How Do I Appeal?
Board of Veterans” Appeals (VA Pamphlet 01-02-02A)
Washington, DC 20420 April 2002


You can request a personal hearing in
connection with your appeal.

What is a personal hearing?

A personal hearing is a meeting between
you, your representative if you have one,
and the person from the VA who will decide
your case.

There are two types of personal hearings:

eA hearing with someone from your
local VA office, or

eA hearing with a member of the Board
of Veterans’ Appeals.

How do I get a hearing?

You can request a personal hearing with a
local VA official at any time by sending a
written request to your local VA office.

You can request a hearing with a member of
the Board of Veterans’ Appeals when you
fill out your VA Form 9.

You can request
a personal hearing

=
am

You can request
a Board hearing
on your Form 9


_ How Do I Appeal?

i

l for his w
orphan”

-Abraham Lincoln

Board of Veterans’ Appeals @@&)



» If you have a representative, the representative
will ask you questions to help you explain your
claim. If not, the Board Member will ask you to
tell him or her about your claim.

» The Board Member may or may not ask You tell the
questions during the hearing. Board Member
about your claim

> You can add evidence to your claim at the =

hearing. This evidence will be added to your file ¢ = fesse? =
and reviewed by the Board Member when a _ ~
decision is made on your claim. |

> The Board Member does not make a decision
on your claim at the hearing. A transcript of the
hearing will be made and sent to the Board of | You can add evidence
Veterans’ Appeals with your file. When the at your hearing
Board Member gets all this information, he or she
will review it and make a decision. 4
xy

uw

Did you know?

f=
When you have your hearing, the Board Member Ss 7h
« = A 4 3 e
will be holding as many as nine other hearings B: y AW
that day! Your file and a transcript
of the hearing go to D.C.

10


What happens at a Board -

hearing?

> Personal hearings with a Board
Member are informal. They are not
like the courtroom hearings you see
on TV or in trials.

>» The Board Member will identify
himself or herself, and will make
sure you agree about what the
claims are on appeal.

» The Board Member will tell you
about what happens during the
hearing.

> You will be asked to take an oath
to tell the truth.

>» You will be given a chance to
make sure any information you
think is important is heard by the
Board Member.

Personal hearing
with Board Member

Local videoconference
hearing with
Board Member
in Washington, D.C.


When you get the SOC from your local VA
office, a VA Form 9 will be included with
the SOC. The VA Form 9 is also available
through the internet at www.vba.va.gov.

What is a Form 9?

A VA Form 9 is the last step in the appeal
process. To finish the appeal process you
must fill out the VA Form 9 (Substantive

Appeal) and send it back to your local VA
office.

When you fill out your VA Form 9 you
should state the benefit you want, any
mistakes you find in the SOC, and if you
want a personal hearing.

When do I send my VA Form 9?

Your local VA office must get your VA
Form 9 within 60 days of the date that they
mailed you your SOC or within one year of
the date that they mailed you the original
decision denying your claim, whichever is
later.

6

You get SOC and Form 9
from VA

You fill out Form 9

@
| | | |
Mail Form 9 to your
local VA office

REMEMBER
TIME LIMIT FOR
FILING FORM 9!



How do I appeal?

The Appeals Process

You are not
satisfied

You ask
for a hearing

Decision by
Board of
Veterans’

Appeals

x
“

2
.



v Have a representative help you with your claim
and appeal.

eA representative can answer questions and
can help make the process move faster.

¢ Representatives from Veterans Service
Organizations have offices in most local VA
offices.

v Give as much detail as possible about evidence
that you want the VA to get before they make a
decision on your claim.

*For example, full names, addresses, and dates
are very important.

v Make sure you let your local VA office know if
you move to a new address while your claim is
being decided.

v Put your claim number on all letters or other
evidence you send to the VA.

v Make sure you keep a copy of any evidence you
give to the VA for your records.

v Try to identify as early as possible all the
evidence you want the VA to look at when they
make a decision on your claim.

¢This will speed up the time it takes for the
VA to make a decision on your claim.

Geta
representative

eG
ce
- fal

4

—

x

a

gn

If you move
change your
address at
the VA

Make a copy
of any
evidence you
give to the VA

13


National Archives and Records Administration
Code of Federal Regulations

www.access.gpo.gov/nara/cfr
Published federal regulations, including 38 C.F.R., used by VA

The Office of the Law Revision Counsel
U.S. House of Representatives

uscode.house.gov/usc.htm
Search and print the United States Code, including 38 U.S.C.,
used by VA

Information about Veterans’ Benefits
1-800-827-1000

Information about your appeal at the Board

1-202-565-5436
= Zz
ys
“iva

VA Salutes America’s Veterans
Thank you for your service to our country



What is an appeal?

An appeal is a request for the Board of Veterans’ Appeals to
review a local VA office decision on your claim.

Why would I appeal?

You appeal because you are not satisfied with the decision by
the local VA office.

The two most common reasons people appeal are:

*The VA denied you benefits for a disability you believe
began in service; or

*You believe that your disability is more severe than the
VA rated it.

You can appeal for any reason.
What is the Board of Veterans’ Appeals?

The Board of Veterans’ Appeals (also known as the Board or
BVA) is a part of the Department of Veterans Affairs. It is
located in Washington, D.C. Members of the Board review
appeals for VA benefits and make decisions on those appeals.


Table of Contents

Getting Started —
Frequently Asked Questions About Appeals .......

The Appeals Process —Chart................00..

Claim Filed and Decided
Notice of Disagreement

Statement of the Case

Substantive Appeal....................... 000,

Personal Hearings

Decision by

the Board of Veterans’ Appeals

Helpful Hints

Additional Information &

Internet Resources


of Veterans’
Appeals

Decision by Board

When do I get my decision from the
Board?

After reviewing the evidence in your file,
the Board Member will make a decision
on your appeal. The Board will send you
a copy of the decision.

The decision will allow, deny or remand
your claim. If your claim is allowed or
denied, the Board’s decision is final.
However, a remand is not a final
decision.

What is a remand?

Sometimes the Board finds that it does
not have enough information about your
claim to make a decision.

When this happens the Board will either
try to get more information itself or send
your claim back to the local VA office

so they can try and get that information.

When your claim is sent back to the
local VA office, it is called a Remand.

A}

—=
=

Board Member makes a
Decision on your claim

You get your decision
from the Board

le:
cree
7

uaa“ a

A remand is when
your claim is sent back
to the local VA office
for more information

et


The Department of Veterans Affairs

WWwW.va.gov
Information about VA, pamphlets and forms online, BVA
decisions

The Veterans Benefits Administration

Www.vba.va.gov
Benefits information, links to VA forms, regulations

United States Court of Appeals for Veterans Claims
www.vetapp.uscourts.gov

Court cases, information on how to appeal a BVA decision,
information on filing an appeal with the Court

Department of Veterans Affairs - Electronic FOJA reading room
www.va.gov/foia/
Links, answers to a number of VA issues

14