VETERANS DISABILITY 101

There are several stages of the appeals process:

1. If you disagree with all or part of the decision, file a Notice of Disagreement (NOD) within one year of the date of the letter.
2. The local VA office will review your file again and prepare a Statement of the Case (SOC). You can submit additional evidence.
3. If you disagree with the Statement of the Case, you can vile a VA Form 9 (Substantive Appeal) and you can chose whether you want a hearing before a Veterans Law Judge. You have one year from the date of the letter notifying you of the original decision on your claim or 60 days from the date of the letter accompanying the Statement of the Case, whichever provides you with more time.
4. You will attend the hearing, then the local VA office will transfer your appeal to the Board of Veterans’ Appeals, where a decision will be prepared and mailed to you. You can ask for a hearing for the Board of Veterans’ Appeals.
5. If your claim is denied, you can a) File a new claim with your local VA office; b) File a motion asking the Board of Veterans’ Appeals to reconsider your appeal (there is no time limit to file this motion); c) File a motion asking the Board of Veterans’ Appeals to review your appeal again because there was clear and unmistakable (obvious) error in its decision (there is no time limit to file this motion); and/or d) File a Notice of Appeal with the United States Court of Appeals for Veterans Claims. You have 120 days from the date of the decision by the Board of Veterans’ Appeals (stamped on the first page of the decision).