Home → Appealing A VA Claims Decision → What To Expect After Filing A Notice Of Disagreement → Review Of Appeals
You can expressly request review of your decision by a DRO in your NOD. You and your representative, if any, may appear in person before the DRO to explain why you believe that the VARO’s decision is wrong, or you may submit a written explanation of your position, or both.
The VA’s highest appellate body is the Board of Veterans’ Appeals, (BVA) located in Washington, D.C. If you do not request a DRO review in your Notice Of Disagreement, the VA will send you and your representative, if any, a letter that acknowledges receipt of your NOD and asks whether you desire a DRO review or would rather have your appeal forwarded to the BVA for consideration.
TIP: We recommend that you seek DRO review before you request a BVA appeal. The DRO process frequently results in a favorable decision and is generally much faster than going directly to the BVA. If you do not receive a better decision from the DRO, you can still appeal to the BVA.
If the DRO does not award benefits, or if you request BVA consideration instead, the VA will issue a “Statement of the Case” (SOC). The SOC is the VARO’s explanation of the reasons why it decided your claim(s) as it did. It contains a discussion of the evidence considered, the relevant laws and regulations and an analysis of the application of the law to the facts surrounding the claim. If you submit, or the VA acquires, new evidence concerning your claim after it has issued the SOC, the VARO will consider that evidence and will make a new decision. It will then issue a Supplemental Statement of the Case (SSOC) that will explain its decision, much like a SOC will.
TIP: Read the SSOC carefully. If the evidence considered after the SOC was issued raises a new claim, one that was not included in the decision on appeal, and that claim is denied in the SSOC, you must file a new NOD with respect to that issue in order to include that claim in the pending appeal.
The SOC is significant for two reasons. First, it provides the basis on which you can attack the VARO’s decision if the VA’s interpretation of the evidence or the law is flawed. Second, it triggers the deadline for “perfecting” an appeal to the BVA, which provides the BVA with jurisdiction to consider the appeal.
You have 60 days from the date of the SOC (or the SSOC) or the remainder of the one-year period after the VARO’s initial notice of its decision, whichever is later, to file a substantive appeal to the BVA using VA Form 9. This form is available on the VA’s website.
Click here to view or download form.
You must list each claim or issue that you want the BVA to review in your substantive appeal to the BVA, and you should explain the reasons why you are appealing the VARO’s decision. You can also indicate that you or your representative will subsequently submit a more detailed legal argument in support of the appeal.
TIP: Be sure to file your substantive appeal to the BVA with the VARO, and not with the BVA directly,
The BVA can extend the deadline for filing a substantive appeal only for good cause shown, however, it’s better to file the substantive appeal as soon as possible to avoid risking a denial of the extension of time. An untimely substantive appeal will strip the BVA of jurisdiction to consider the appeal.
You will have the opportunity to request a personal hearing before the BVA prior to its deciding your appeal. You may elect to:
TIP: Statistically, there is a slightly higher chance that the appeal will be granted if you appear for a personal hearing. However, there is always a risk that you might say something detrimental to your claim or exhibit a behavior which may negatively influence the VLJ.
Personal hearings are advantageous in claims that involve factual issues (e.g., accidents or injuries during service, when symptoms began or how severe they currently are). Nevertheless, since lay claimants do not have the medical training and expertise necessary to provide credible testimony on medical issues, a personal hearing where the outcome depends on medical evidence would be of little value (e.g., establishing a diagnosis, medical nexus or service-connection for a secondary disability).
Whether or not you elect a personal hearing on appeal, you will have the opportunity to file a written statement with the BVA in which to argue your case for a full award of benefits.
TIP: It is always advisable to have the assistance of an experienced veterans service representative who can prepare and submit a detailed legal argument on your behalf. If you chose to represent yourself, however, you can use the SOC and any SSOC to become familiar with the laws and regulations that govern. Remember that it is not enough to merely disagree with the VARO’s decision. You must point to the evidence in the record that rebuts or discredits the evidence that the VARO relied on in its decision, including military medical records, VA health care records, private health care records, physicians’ opinion letters, statements from lay individuals on non-medical matters, Social Security records and decisions, and other related documentation. You should also point out if the VARO misapplied or failed to apply a relevant law or regulation.
On appeal, the BVA can take one of three actions.
A remand decision is an order from the BVA to a lower VA decision maker to take some action that is necessary to readjudicate the claim properly. Often, this involves further development of the evidence (e.g., conduct a medical or psychiatric examination, obtain medical records from the claimant’s doctor(s) or secure other relevant evidence), or to cure a procedural defect (e.g., the VARO did not issue a SOC/SSOC or provide the claimant with a legally required notice). Remand orders are usually directed to the VA’s Appeals Management Center (AMC) for action, although sometimes claims are referred to the VARO. BVA decisions that either grants or denies a claim are considered to be final decisions. A remand decision, however, is not.
