10/2/ Basic Appeals Lori Perkio Assistant Director MEB/PEB Coordinator The American Legion

10/2/ Background Any VA decision may be appealed Board of Veterans Appeals U. S. Court of Veterans Appeals for Veterans Claims

10/2/ Agenda Notice of Disagreement Decision Reviews Statement of the Case Supplemental Statement of the Case Form 9 646

10/2/ Agenda (cont) BVA Unit review Motion for Reconsideration Motion for Revision Reopened with New and Material Evidence Appeal to the U. S. Court of Appeals for Veterans Claims (CAVC or Court)

10/2/ Overview The Appeal Procedures gives the veteran the best possible outcome in the quest for benefits It is important that these procedures happen in the correct order

10/2/ Vocabulary Glossary of abbreviations BVABoard of Veterans Appeals CAVCCourt of Appeals for Veterans Claims CUEClear and Unmistakable Error NODNotice of Disagreement SOCStatement of the Case SSOC Supplemental Statement of the Case VACOLSVeterans Appeals Control and Locator System

10/2/ Notice of Disagreement “This is a Notice of Disagreement with VA’s decision(s) dated (specify date) which denied the claim for (list specific issues to be appealed).” Within one year of the date of the VARO’s letter notifying the claimant of its decision. To reopen veteran would need New and Material Evidence

10/2/ Decision Reviews De Novo Reviews Decision Reviews Decision Review Hearings Hearing Officer Hearings

10/2/ Statement of the Case Describes all the applicable laws that apply Evidence considered Reasons and Basis the claim was denied

10/2/ Supplemental Statement of the Case If additional evidence is submitted the SSOC will be promulgated

10/2/ Form 9 Attached to SOC 60 Days from date of SOC Or one year from the date of the rating decision letter which ever is later If additional evidence is submitted just before the one year period the veteran only has 60 days to return the Form 9 Form 9 is the veterans substantive(formal) appeal

10/2/ Form 9 (cont) Can be taken as NOD if Form 9 submitted prior to NOD. Veteran must still file Form 9 A hearing can serve as Form 9 Indicates what type or if a veteran wants a hearing and what issues they are appealing

10/2/ Statement of the Accredited Representative

10/2/ BVA Unit Reviewed for errors, omissions, lack of development, et. Prepares written appeals brief

10/2/ The BVA Decision The appeal is granted The appeal is denied The appeal is remanded to VARO or AMC The appeal can be dismissed due to death, or rarely an inadequate Form 9

10/2/ Motions Reconsideration file with the Chairman of the BVA Revision based on CUE Reopened with New and Material Evidence

10/2/ U. S. Court of Appeals for Veterans Claims Veteran may appeal to the Court Notice of Appeal filed within 120 Days Legal representation and Pro se must within 30 days from the issuance of the docket number Cases are screened by the Veterans Pro Bono Consortium if Declaration of Hardship is filed with the Notice of Appeal

10/2/ CAVC (cont) Courts decisions are published in West ‘s “Veterans Appeals Reporter”, WestLaw and LEXIS online services Courts website is (

10/2/ Summary State what has been learned Define ways to apply training Request feedback of training session

10/2/ Where to Get More Information Other training sessions List books, articles, electronic sources Consulting services, other sources QUESTIONS?????