Manage a legacy VA appeal | Veterans Affairs (2024)

You file a Notice of Disagreement (NOD)

For old decisions, you had to have filed a Notice of Disagreement (VA Form 21-0958) within 1 year of the date on your claim decision letter. This VA form is no longer in use.

For new disagreements with decisions dated before February 19, 2019, you'll need to file a Supplemental Claim.For disagreements with decisions dated February 19, 2019, or later, you'll need to use 1 of the 3 new decision review options.

Learn more about Supplemental Claims

Learn more about VA decision reviews

We sendyou a Statement of the Case (SOC)

After you fileyour Notice of Disagreement,we reviewall the evidence related to your appeal, including any new evidence you sent. If we determinethat there wasn’t enough evidence to fully grant your appeal, we sendyou our findings in a document called a Statement of the Case (SOC).

If you disagree with ourStatement of the Case (SOC)

Note: At this step you may be able to opt in to 1 of the 3 new decision review options.

For a Statement of the Case dated before February 19, 2019, you must continue with this legacy appeals process.
Return VA Form 9 (PDF)to the VA regional office within 60 days from the date on the Statement of the Case to continue your appeal.

GetVA Form 9to download

For a Statement of the Case dated on or after February 19, 2019,you have 2options.

• You can continue the legacy appeals process.
  Return VA Form 9 (PDF)to the VA regional office within 60 days from the date on the Statement of the Case.
  GetVA Form 9to download
• Or you canopt in to 1of the 3 new decision reviewoptions.
  You can opt in within 60 days from the date on theStatement of the Case. The remaining legacy appeals steps don’t apply if you opt in to 1of the new options.
  Learn how to choose a decision review option

The Veterans Benefits Administration prepares a Supplemental Statement of the Case (SSOC) (optional)

You can submit new evidence for your appeal at any time in the process. If you submit new evidence after you receive a Statement of the Case, we may need to prepare a Supplemental Statement of the Case before sending your case to the Board of Veterans' Appeals.

Note: At this step you may be able to opt in to the 1 of the 3 new decision review options.

For a Supplemental Statement of the Casedated on or after February 19, 2019, you have 2options.

• You can continue the legacy appeals process.
  Go to step 5.
• Or you canopt in to 1of the 3 new decision reviewoptions.
  You can opt in within 60 days from the date on the Supplemental Statement of the Case. The remaining legacy appeals steps don’t apply if you opt in to 1of the new options.
  Learn how to choose a decision review option

We send your appeal to the Board

We finish the review and send your case to the Board of Veterans’ Appeals. The Board reviews cases in the order they received them according to the date on your VA Form 9. A Veterans Law Judge will begin work on your appeal when it’s among the oldest appeals ready for their review.

Note: If you find new evidence after we sent your case to the Board, you must submit that evidence directly to the Board of Veterans’ Appeals.

Request to have your appeal advanced on the docket(optional)

If you suffer from a serious illness, are in financial distress, or have other sufficient cause (a reason for needing your appeal reviewed sooner), you can request the“Advanced on Docket” status for your appeal.

Advanced on Docket appeals are prioritized so they’re always at the front of the line. If you’re over 75 years old, your appeal will receive this status automatically.

Learn how to request the Advanced on Docket status

You have a hearing (optional)

You have the option to request a hearing with a Veterans Law Judge. At your hearing, the judge will ask you questions about your appeal. The Board will make a transcript of your hearing and add it to your appeal file. The judge won’t make a decision about your appeal at the hearing.

Learn more about hearings at the Board

The Board makes its decision

The Board reviews your appeal and provides a decision on each issue in your appeal. The Board decides each issue in 1 of 3 ways:

• Allowed: The Board grants benefits.
• Remanded: The Board needs more evidence to make a decision and returns your appeal to the Veterans Benefits Administration. After the Veterans Benefits Administration gets the requested evidence, it will then make a new decision on the appeal. If the Veterans Benefits Administration can’t grant all or part of your appeal, it will prepare a new Supplemental Statement of the Case and return the appeal to the Board.
• Denied: The Board doesn’t grant benefits.