Are you submitting a VA appeal but are not sure what to do? Following the appeals process checklist below will help and guide you through the process.
If you want to appeal a VA decision, you have one year from the date you were notified of the VA decision to file an appeal. After that period, the decision is considered final and cannot be appealed unless it involved a clear and unmistakable error by the VA.
To ensure that your appeal to the VA is handled smoothly, browse our appeals checklist, or follow the step-by-step instructions below for submitting an appeal.
Appeals Checklist - Arranged in Chronological Order:
1. If you have received a determination on a VA benefits claim that you do not agree with, send your appeal to the local VA office that processed your claim. Make sure you do it within one year of your determination being mailed out.
2. After receiving your appeal, your local VA office will send you a summary of reasons behind its ruling in a Statement of the Case and a VA Form 9. Be sure to fill out and mail back the VA Form 9 no later than 60 days after your Statement of the Case was mailed out, or within one year from the date your original determination was mailed to you, whichever is later.
3. After receiving your VA Form 9, your local VA office will forward all claim materials to the Board of Veterans' Appeals. It will notify you when it send these materials out. You have 90 days after this notification is mailed to submit additional evidence, appoint or change legal representation for your claim, or ask for a hearing.
4. The Board will conduct hearings, if requested, review your appeal and issue a decision. It will either grant, remand or deny your appeal. If your appeal is denied, you have 120 days to file another appeal to the U.S. Court of Appeals for Veterans Claims. You can also submit a CUE motion or filing reconsideration motion to the Board of Veterans Appeals, or reopen the case at your local VA office. The 120-day deadline is the same for all these appeals.