Veteran_ Resource_ book_2014

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Check the time limit. A NOD must be filed within one year of the date of
the letter informing the claimant of the final VA decision. If a claimant
has missed the filing deadline, they may file another claim for the same
condition or request that the previous claim be re-opened.
2. STATEMENT OF THE CASE
A Statement of the Case (SOC) is a summary of the evidence considered, actions
taken, decisions made, and the laws governing the decision. A SOC must be
done when a NOD is filed or when new evidence is received, and the VA does not
overturn the decision on appeal with full grant of benefits sought. Once the first
SOC is completed on an appeal, subsequent SOCs are considered Supplemental
Statements of the Case (SSOC). An appeal may have several SSOCs.
3. FORMAL APPEAL (VA FORM 9 OR EQUIVALENT)
An appeal must be formal before it can continue to higher levels. The standard
form for formalizing (sometimes called perfecting) an appeal is the VA Form 9,
Appeal to Board of Veterans’ Appeals. This form must be received no later than
one of these two dates:
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one year from the date of the letter notifying the claimant of the decision
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60 days after the date of the Statement of the Case
4. HEARINGS (OPTIONAL)
Hearings provide an opportunity for claimants to present evidence in person; they
are optional. Hearings are held at the VA Regional Office by a Decision Review
Officer (DRO). The DRO will review the evidence and testimony and make a
decision on the case. If the issue is not resolved in the claimant’s favor, the
appeal will continue.
5. BOARD OF VETERANS’ APPEALS (BVA)
The Board of Veterans Appeals, located in Washington DC, is the highest
appellate body in VA. Although most decisions are made in Washington, BVA does
have travel boards that come to local offices. Because travel boards have been
limited in the past couple of years, the pending workload at BVA has dramatically
increased. It is not unusual for an appeal to take 2 years or more from the initial
NOD to the final BVA decision.
BVA looks at all of the evidence regarding the issue under appeal. If BVA decides
that more information is needed to make a decision, it will issue a remand to the
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