Basic Appeals

1. Basic Appeals Lori Perkio Assistant Director MEB/PEB Coordinator The American Legion

2. Background • Any VA decision may be appealed • Board of Veterans Appeals • U. S. Court of Veterans Appeals for Veterans Claims

3. Agenda • Notice of Disagreement • Decision Reviews • Statement of the Case • Supplemental Statement of the Case • Form 9 • 646

4. Agenda (cont) • BVA Unit review • Motion for Reconsideration • Motion for Revision • Reopened with New and Material Evidence • Appeal to the U. S. Court of Appeals for Veterans Claims (CAVC or Court)

5. 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

6. Vocabulary Glossary of abbreviations BVA Board of Veterans Appeals CAVC Court of Appeals for Veterans Claims CUE Clear and Unmistakable Error NOD Notice of Disagreement SOC Statement of the Case SSOC Supplemental Statement of the Case VACOLS Veterans Appeals Control and Locator System

7. Notice 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

8. Decision Reviews • De Novo Reviews • Decision Reviews • Decision Review Hearings • Hearing Officer Hearings

9. Statement of the Case • Describes all the applicable laws that apply • Evidence considered • Reasons and Basis the claim was denied

10. Supplemental Statement of the Case If additional evidence is submitted the SSOC will be promulgated

11. Form 9 • Attached to SOC • 60 Days from date of SOC • Or one year from the date of the rating decision letter which ever is later • If 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

12. 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 9 • Indicates what type or if a veteran wants a hearing and what issues they are appealing

13. 646 • Statement of the Accredited Representative

14. BVA Unit • Reviewed for errors, omissions, lack of development, et. • Prepares written appeals brief

15. The BVA Decision • The appeal is granted • The appeal is denied • The appeal is remanded to VARO or AMC • The appeal can be dismissed due to death, or rarely an inadequate Form 9

16. Motions • Reconsideration file with the Chairman of the BVA • Revision based on CUE • Reopened with New and Material Evidence

17. U. S. Court of Appeals for Veterans Claims • Veteran may appeal to the Court • Notice of Appeal filed within 120 Days • Legal 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

18. 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)

19. Summary • State what has been learned • Define ways to apply training • Request feedback of training session

20. Where to Get More Information • Other training sessions • List books, articles, electronic sources • Consulting services, other sources QUESTIONS?????