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Basic Appeals Basic Appeals

Lori PerkioAssistant DirectorMEB/PEB CoordinatorThe American Legion

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BackgroundBackground

Any VA decision may be appealed

Board of Veterans Appeals

U. S. Court of Veterans Appeals for Veterans Claims

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AgendaAgenda

Notice of DisagreementDecision ReviewsStatement of the CaseSupplemental Statement of the CaseForm 9646

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Agenda (cont)Agenda (cont)

BVA Unit reviewMotion for ReconsiderationMotion for RevisionReopened with New and Material

EvidenceAppeal to the U. S. Court of Appeals for

Veterans Claims (CAVC or Court)

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Overview 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

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VocabularyVocabulary

Glossary of abbreviationsBVA Board of Veterans AppealsCAVC Court of Appeals for Veterans

ClaimsCUE Clear and Unmistakable ErrorNOD Notice of DisagreementSOC Statement of the CaseSSOC Supplemental Statement of the

CaseVACOLS Veterans Appeals Control and Locator

System

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Notice of DisagreementNotice 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

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Decision ReviewsDecision Reviews

De Novo ReviewsDecision ReviewsDecision Review HearingsHearing Officer Hearings

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Statement of the CaseStatement of the Case

Describes all the applicable laws that apply

Evidence consideredReasons and Basis the claim was denied

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Supplemental Statement of the Supplemental Statement of the CaseCase

If additional evidence is submitted the SSOC will be promulgated

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Form 9Form 9

Attached to SOC60 Days from date of SOCOr one year from the date of the rating

decision letter which ever is laterIf 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

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Form 9 (cont)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 9Indicates what type or if a veteran wants a

hearing and what issues they are appealing

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646646

Statement of the Accredited Representative

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BVA UnitBVA Unit

Reviewed for errors, omissions, lack of development, et.

Prepares written appeals brief

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The BVA DecisionThe BVA Decision

The appeal is grantedThe appeal is deniedThe appeal is remanded to VARO or AMCThe appeal can be dismissed due to death,

or rarely an inadequate Form 9

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MotionsMotions

Reconsideration file with the Chairman of the BVA

Revision based on CUEReopened with New and Material

Evidence

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U. S. Court of Appeals for U. S. Court of Appeals for Veterans ClaimsVeterans ClaimsVeteran may appeal to the CourtNotice of Appeal filed within 120 DaysLegal 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

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CAVC (cont)CAVC (cont)

Courts decisions are published in West ‘s “Veterans Appeals Reporter”, WestLaw and LEXIS online services

Courts website is (http://www.vetapp.uscourts.gov)

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SummarySummary

State what has been learnedDefine ways to apply trainingRequest feedback of training session

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Where to Get More InformationWhere to Get More Information

Other training sessionsList books, articles, electronic sourcesConsulting services, other sources

QUESTIONS?????